i-law.com - Newsletter (Liability Risk and Insurance)

$8.5mn for Catholic sex abuse victims

St Paul Travelers is to pay $8.5mn to settle disputed claims payments related to sex abuse victims in the Roman Catholic archdiocese of Boston. Some of the disputed claims stemmed from an $85mn settlement that the archdiocese agreed with 541..

Online Published Date: 01 June 2005

Appeared in issue: 178 - 01 June 2005

Long term care liability claims increase in US

A study commissioned by the American Health Care Association, has found that, across the US, the frequency of claims filed annually has more than doubled and severity has tripled in the long term care sector since 1996. The Long Term Care 2005..

Online Published Date: 01 June 2005

Appeared in issue: 178 - 01 June 2005

UK P&I Club in new excess of loss clause

The UK P&I Club is reported by Lloyd’s List to have taken advantage of a five-year review of its 10-year reinsurance deal with Swiss Re to insert a new excess of loss clause for claims that exceed $500,000 per instance. The P&I..

Online Published Date: 01 June 2005

Appeared in issue: 178 - 01 June 2005

St. Paul Travelers launches Shipwright Program

St. Paul Travelers has introduced the Shipwright Program for specialty ship repairers and marine contractors with annual gross receipts of $350,000 or less. The single policy combines marine general liability, ship repairers’ legal..

Online Published Date: 01 June 2005

Appeared in issue: 178 - 01 June 2005

Liability cover for LLP members from Markel

Markel International has announced the launch of Limited Liability Partnership (LLP) Members’ Management Liability, designed to protect the members of LLPs against commercial risks. Members of LLPs face similar exposures to directors of..

Online Published Date: 01 June 2005

Appeared in issue: 178 - 01 June 2005

EL product with rehabilitation from AIG

AIG Europe (UK) Limited has launched a new employers’ liability (EL) product called Accel Elite. It combines EL coverage with medical and vocational rehabilitation for employees injured or made ill at work, regardless of fault and at no..

Online Published Date: 01 June 2005

Appeared in issue: 178 - 01 June 2005

Where the World takes Risks – Lloyd’s annual report

Lloyd’s has produced its annual report, entitled “Where the World takes Risks,” in which it reveals that the market recorded a profit of £1,357mn on an annually accounted basis and a combined ratio of 96.9%. Chairman Lord..

Online Published Date: 01 June 2005

Appeared in issue: 178 - 01 June 2005

UK Commercial Liability Insurance 2005 report

A new report, “UK Commercial Liability Insurance 2005,” published by Research and Markets, looks at the three key liability sectors: employers’ liability, professional indemnity and directors and officers. The report says that the..

Online Published Date: 01 June 2005

Appeared in issue: 178 - 01 June 2005

The Duty of Utmost Good Faith: Does it have a Future?

Davies Arnold Cooper held a seminar on whether the duty of utmost good faith has a place in the modern insurance industry. The speakers were John Rowland QC and Alex Gunning of 4 Pump Court. Brief summaries of their talks are provided below.

Online Published Date: 01 June 2005

Appeared in issue: 178 - 01 June 2005

No comment!

Ever alert to new sources of liability, we bring you shocking news about the latest affliction to hit the public, which could have dire product liability consequences for lingerie manufacturers. G-string knickers have become increasingly common in..

Online Published Date: 01 June 2005

Appeared in issue: 178 - 01 June 2005

Monthly quota

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Online Published Date: 01 June 2005

Appeared in issue: 178 - 01 June 2005

Government announces new Compensation Bill

The recent Queen’s Speech included various pieces of legislation, notably a draft Bill to introduce a new offence of corporate manslaughter. It also mentioned legislation to combat discrimination in the provision of goods and services on the..

Online Published Date: 01 June 2005

Appeared in issue: 178 - 01 June 2005

Improving work related road safety study

A study has been produced on “Improving Work Related Road Safety” by the Motorists’ Forum. The study was in response to a request from the Secretary of State for Transport for advice on how employers could be encouraged to give a..

Online Published Date: 01 June 2005

Appeared in issue: 178 - 01 June 2005

New D&O capacity from Axis

AXIS Capital is reported to be introducing a new D&O policy and new capacity for the primary market. Key features include additional cover for non-executive directors and a form of insured versus insured cover. The policy is aimed at UK firms..

Online Published Date: 01 June 2005

Appeared in issue: 178 - 01 June 2005

XL launches D&O product for independent directors

XL Insurance (Bermuda) has announced that its professional lines operation, XL Professional Lines, has extended its portfolio of Directors & Officers (D&O) liability products with the addition of dedicated coverage for independent directors..

Online Published Date: 01 June 2005

Appeared in issue: 178 - 01 June 2005

Violence in mental health facilities

A national study conducted for the Healthcare Commission by the Royal College of Psychiatrists has found high levels of violence in mental health and learning disability inpatient facilities in England and Wales. The National Audit of Violence in..

Online Published Date: 01 June 2005

Appeared in issue: 178 - 01 June 2005

TUC should play active role in EL reform

The ABI (Association of British Insurers) has urged the TUC to play a more active role in the drive to reform workplace compensation. The ABI expressed disappointment at the TUC’s recent decision to pull out of the Government’s..

Online Published Date: 01 June 2005

Appeared in issue: 178 - 01 June 2005

UCATT in record claims payouts

Construction union UCATT secured a record £8.7mn in workplace injury and disease payouts last year. It was the first time the total had exceeded £8mn and was up from the £7.9mn won in the previous year. The new total came from 776..

Online Published Date: 01 June 2005

Appeared in issue: 178 - 01 June 2005

NHS campaign to combat stress in the workplace

NHS Employers has launched a national campaign to help combat stress in the workplace. According to Steve Barnett, director of NHS Employers, more needs to be done to combat the stress levels suffered by NHS staff in the workplace and the impact of..

Online Published Date: 01 June 2005

Appeared in issue: 178 - 01 June 2005

Mind calls for employer action on stress

In a new report, the charity Mind has called upon employers to act to address the ever-rising stress levels at work, which it says is now costing 10% of the UK’s Gross National Product. It points out that 12.8mn working days a year are now..

Online Published Date: 01 June 2005

Appeared in issue: 178 - 01 June 2005

HSE calls for sensible risk management

The Health and Safety Executive (HSE) has stressed the need for sensible risk management in the health and safety debate. Speaking at the Royal Society for the Prevention of Accidents (RoSPA) Safety and Health at Work congress, Vic Coleman,..

Online Published Date: 01 June 2005

Appeared in issue: 178 - 01 June 2005

Rail safety improvements in 2004

During 2004, the improvement seen in safety on the national rail network over recent years has continued according to the latest Annual Safety Performance Report, published by Rail Safety and Standards Board (RSSB) today. However, the train accident..

Online Published Date: 01 June 2005

Appeared in issue: 178 - 01 June 2005

HSE guidance on caterers’ slips and trips

The Health and Safety Executive (HSE) has published a revised guidance for caterers on preventing slips and trips. “Preventing slips and trips in kitchens and food service” provides practical advice to caterers to help them prevent..

Online Published Date: 01 June 2005

Appeared in issue: 178 - 01 June 2005

New accident reporting service launched

Active Health Partners (AHP), an absence management provider, has launched a new service “that ensures accident reporting policies are complied with and the data captured is used to mitigate risk.” The new service is called ARM (Accident..

Online Published Date: 01 June 2005

Appeared in issue: 178 - 01 June 2005

RoSPA calls for better accident investigation

RoSPA has launched a new initiative to persuade employers to review the adequacy of their arrangements for investigating accidents and incidents. Before accidents happen, bosses need to think about policies and procedures, competencies of..

Online Published Date: 01 June 2005

Appeared in issue: 178 - 01 June 2005

Self-reported work-related illness in 2003/04

The Health and Safety Executive (HSE) has published a new report giving detailed information on the extent of work-related ill health. The report, “Self-reported work-related illness in 2003/04: Results from the Labour Force Survey,”..

Online Published Date: 01 June 2005

Appeared in issue: 178 - 01 June 2005

Union calls for action on contaminated air in aircraft

The T&G union, representing cabin crew on aircraft, has called on the Health and Safety Executive (HSE) to make it a mandatory requirement for airlines to advise passengers that they have been exposed to contaminated air rather than maintain the..

Online Published Date: 01 June 2005

Appeared in issue: 178 - 01 June 2005

NUMAST launches fatigue campaign

Trade union NUMAST is launching a major new campaign against fatigue and cuts in crewing levels in response to the findings of a major research project examining seafarers’ working hours. Preliminary results revealed by researchers from..

Online Published Date: 01 June 2005

Appeared in issue: 178 - 01 June 2005

Long hours at work can lead to obesity

Helsinki Health Study, a research group in the University of Helsinki Department of Public Health, has found that exhausting work coupled with problems balancing career and family put employees at risk of gaining weight. “Obesity is a general..

Online Published Date: 01 June 2005

Appeared in issue: 178 - 01 June 2005

Tillinghast responds on US Tort Costs

Tillinghast has responded to the comments on the economic impact of the US tort system, by stating that it welcomes debate about the US tort system. It says, “Tillinghast’s ‘US Tort Costs: 2004 Update’ report, the methodology..

Online Published Date: 01 June 2005

Appeared in issue: 178 - 01 June 2005

Tillinghast’s Tort Costs reports under attack

A new report, “The Frivolous Case for Tort Law Change,” has attacked reports by Tillinghast-Towers Perrin, including “US Tort Costs: 2004 Update.” The report was written by economist Lawrence Chimerine and attorney Ross..

Online Published Date: 01 June 2005

Appeared in issue: 178 - 01 June 2005

Metalworkers call for asbestos ban

The International Metalworkers’ Federation (IMF) has launched a campaign seeking a global ban on asbestos. IMF General Secretary Marcello Malentacchi said: “While most developed countries are racing to remove asbestos from..

Online Published Date: 01 June 2005

Appeared in issue: 178 - 01 June 2005

US asbestos study from RAND Institute for Civil Justice

More than 730,000 people in the US filed compensation claims for asbestos-related injuries from the early 1970s to the end of 2002, costing businesses and insurance companies more than $70bn, according to a new study by the RAND Institute for..

Online Published Date: 01 June 2005

Appeared in issue: 178 - 01 June 2005

Union campaigns against asbestos factory redevelopment

The Communication Workers Union (CWU) has said it is throwing its weight behind the campaign to halt the development of a former Turner & Newell Asbestos Textile Factory site. CWU explains that asbestos was processed on the former T&N..

Online Published Date: 01 June 2005

Appeared in issue: 178 - 01 June 2005

McTear tobacco litigation claim fails

The landmark McTear tobacco litigation claim against Imperial Tobacco Limited (ITL) has been dismissed by the Judge, who said “the pursuer’s case fails on every issue on which I would have needed to find in her favour were I to hold the..

Online Published Date: 01 June 2005

Appeared in issue: 178 - 01 June 2005

Rural mobile phone users more at risk

Swedish research has suggested that using a digital mobile phone in rural areas may pose a greater risk of developing brain tumours than it does in urban areas. The researchers said that the cause of the increased risk was possibly because of higher..

Online Published Date: 01 June 2005

Appeared in issue: 178 - 01 June 2005

Cancer link from exposure to wood dust

Exposure to wood dust increases the chances of developing not only nasal cancer but also lung cancer, according to US research. Dr George Delclos and colleagues from the University of Texas, writing in the American Journal of Industrial Medicine,..

Online Published Date: 01 June 2005

Appeared in issue: 178 - 01 June 2005

Neck pain treatment inadequate say researchers

Current clinical treatment for severe neck pain prolongs distress and results in unnecessary sick leave, according to a study from Brunel University. The research indicates that neck pain is often treated in isolation, even though the sufferer may..

Online Published Date: 01 June 2005

Appeared in issue: 178 - 01 June 2005

Manage risk don’t avoid it, says APIL

Avoiding litigation does not mean wrapping people up in cotton wool, according to the incoming president of the Association of Personal Injury Lawyers, Allan Gore QC. He believes that assessment of risk is about promoting activity rather than..

Online Published Date: 01 June 2005

Appeared in issue: 178 - 01 June 2005

Tony Blair on risk and the compensation culture

The Prime Minister Tony Blair has called for an end to the so-called compensation culture in the UK in a speech entitled “Risk and the State” delivered at the Institute of Public Policy Research. “People are entitled to sue,”..

Online Published Date: 01 June 2005

Appeared in issue: 178 - 01 June 2005

Unfair dismissal does not break chain of causation

The Court of Appeal ruled that unfair dismissal does not break the chain of causation for damages in a disability discrimination claim. The claimant worked for the Prison Service and became ill with depression, constituting a disability under the..

Online Published Date: 01 June 2005

Appeared in issue: 178 - 01 June 2005

Suicide was not reasonably foreseeable

A widow was not entitled to claim damages for the suicide of her husband during a depressive episode following an accident at work in which he sustained personal injury. The widow argued that “But for” the accident the suicide would not..

Online Published Date: 01 June 2005

Appeared in issue: 178 - 01 June 2005

VWF exposure and date of knowledge of risks

The claimant was employed from 1982 as a motor fitter, and in 1999 he noticed symptoms of vibration white finger (VWF) and was awarded £4,780 in damages, with the Judge ruling that his employer’s date of knowledge of the dangers of..

Online Published Date: 01 June 2005

Appeared in issue: 178 - 01 June 2005

Referral to hospital before symptoms develop

Referral to hospital in cases of suspected meningococcal infection should be made without waiting for the illness to develop to the point where specific symptoms and signs had developed. The judge found for the claimant who had brought a claim in..

Online Published Date: 01 June 2005

Appeared in issue: 178 - 01 June 2005

Settlement desirable if symptoms seen

Lawyers for both sides in claims against employers by employees for damages for vibration white finger should be alive to the likelihood that once symptoms of the condition became manifest, the employee’s condition would deteriorate, even if..

Online Published Date: 01 June 2005

Appeared in issue: 178 - 01 June 2005

Power to call for tribunal reasons to be amplified

The Employment Appeal Tribunal had power, founded in regulations and not statute, to request that an employment tribunal should amplify its reasons. The Court of Appeal so held when dismissing the appeal of the claimant from an order made by the..

Online Published Date: 01 June 2005

Appeared in issue: 178 - 01 June 2005

Conditions on warrant invalid

A magistrate had no power to impose a condition in a place-of-safety warrant which specified named persons to be involved in its execution. The House of Lords allowed an appeal by the second defendant health authority from the Court of Appeal who..

Online Published Date: 01 June 2005

Appeared in issue: 178 - 01 June 2005

Whether employee works abroad

In deciding whether an employee worked wholly or mainly outside Great Britain for racial discrimination purposes, the relevant period was not the period to which the discrimination complaint related but was the whole period of employment. The Court..

Online Published Date: 01 June 2005

Appeared in issue: 178 - 01 June 2005

Hong Kong pilots employed in England

An employment tribunal had jurisdiction to determine unfair dismissal claims brought by international airline pilots employed by Hong Kong companies since their contracts of employment required them to be based in England. They were therefore..

Online Published Date: 01 June 2005

Appeared in issue: 178 - 01 June 2005

$3mn for Catholic sex abuse victim

The Roman Catholic diocese of Stockton, California is reported to have reached a $3mn settlement in a case involving a man who claims he was raped as a boy by a priest. The settlement, along with a $3.6mn settlement with two other victims of..

Online Published Date: 01 June 2005

Appeared in issue: 178 - 01 June 2005

Settlement in pay difference case

A woman who argued that her job required the same skills and experience as a male Senior Site Engineer who was paid more than her, has received £37,998 in out of court settlement with her employer. She worked for the company as an office..

Online Published Date: 01 June 2005

Appeared in issue: 178 - 01 June 2005

Widow of asbestos victim gets £290,000

The widow of a carpenter exposed to asbestos has received £290,000 damages for her husband’s death. He died earlier this year from mesothelioma. Her husband was exposed to asbestos in the late 1960s and early 1970s when he worked as an..

Online Published Date: 01 June 2005

Appeared in issue: 178 - 01 June 2005

£8mn in damages for motorcycle accident

A man who suffered brain damage after a motorcycle accident is to receive more than £8mn in damages. He was riding pillion when he was thrown from the motorcycle. He will receive a lump sum of £1.3mn with annual payments of..

Online Published Date: 01 June 2005

Appeared in issue: 178 - 01 June 2005

£100,000 for man in persistent vegetative state

A man who suffered severe head injuries in a car crash which left him in a coma, has been awarded £100,000 in compensation. The man is now in a ‘persistent vegetative state’ after the crash. He was a passenger in a car driven by an..

Online Published Date: 01 June 2005

Appeared in issue: 178 - 01 June 2005

£200,000 for fall off wall

A man who fell 30ft off a wall has received more than £200,000 in compensation. The man, a former Territorial Army soldier, fell off the wall at a wedding reception. It was only protected by a 2ft 6in high railing. The hotel admitted liability..

Online Published Date: 01 June 2005

Appeared in issue: 178 - 01 June 2005

$8mn for discrimination against blind man

A jury in the US has returned an $8mn verdict in a federal court for the US Equal Employment Opportunity Commission (EEOC) in a lawsuit alleging that EchoStar Communications Corp. (EchoStar) violated the Americans with Disabilities Act of 1990..

Online Published Date: 01 June 2005

Appeared in issue: 178 - 01 June 2005

Down’s syndrome child wins swimming case

An eight-year-old boy with Down’s Syndrome has won £1,500 compensation after he was banned from having swimming lessons at the local pool.The pool has been forced to lift the ban. The boy and his mother complained to the Disability Rights..

Online Published Date: 01 June 2005

Appeared in issue: 178 - 01 June 2005

Gay discrimination case won

A gay man has won his discrimination case against his employer. He worked at a theatre box office and was the subject of months of harassment by his manager, including taunts of “gay boy.” The tribunal also found that he had been..

Online Published Date: 01 June 2005

Appeared in issue: 178 - 01 June 2005

Compensation claim against police fails

The widow of a football fan has lost her claim for compensation against the police. Her husband was trampled to death by a police horse during crowd trouble at the ground. She took the police to court after an inquest in 2003 which returned a..

Online Published Date: 01 June 2005

Appeared in issue: 178 - 01 June 2005

No compensation work-related heart attack

A landlord of a Greater Manchester pub has lost his case claiming compensation for a work-related heart attack. He claims that the heart attack resulted from the stress of working 70 hours a week in a high crime area. The Court of Appeal overturned..

Online Published Date: 01 June 2005

Appeared in issue: 178 - 01 June 2005

Army sued over stress of tours of duty

The Army is being sued by former soldier for damages, claiming he was mentally scarred by five tours of duty in Northern Ireland. He argues that the Army breached its legal duty by failing to refer him for medical treatment. He was later diagnosed..

Online Published Date: 01 June 2005

Appeared in issue: 178 - 01 June 2005

Woman sued NHS over MRSA

A woman who claims she contracted MRSA in hospital is suing the NHS for £250,000. She said she contracted MRSA in hospital when she gave birth to her son. She was in a coma for four months after contracting MRSA, and got pneumonia as a result,..

Online Published Date: 01 June 2005

Appeared in issue: 178 - 01 June 2005

Clarence House employment case dismissed

A woman employed at Clarence House has lost her case for unfair dismissal and sexual discrimination. The woman had been a former secretary of the Prince of Wales for five years. She said she had been victimised and had been sexually harassed by the..

Online Published Date: 01 June 2005

Appeared in issue: 178 - 01 June 2005

GP sued for not spotting meningitis

A boy is claiming damages from a GP who failed to spot he had meningitis. The boy had his right leg and several fingers amputated after contracting meningitis. He was not referred to hospital immediately, and his family sued for negligence. The High..

Online Published Date: 01 June 2005

Appeared in issue: 178 - 01 June 2005

Unconvincing evidence scuppers claim

A man who was injured at a team-building exercise has lost his claim against the owner of the site. The man was hurt when his quad bike crashed into a pit. However, the owner said that the claim was only made after the man had stopped doing business..

Online Published Date: 01 June 2005

Appeared in issue: 178 - 01 June 2005

Prison for council trip fraudster

A woman who pretended she had tripped on a faulty pavement has been sent to jail for four months. She claimed compensation for a serious back injury. She alleged that she tripped over a missing drain cover. Fraud investigators were able to prove..

Online Published Date: 01 June 2005

Appeared in issue: 178 - 01 June 2005

Compensation for man stabbed by doorman

A man who was stabbed by an unlicensed doorman has received compensation after a protracted legal battle against the owner of the nightclub. The doorman stabbed him in the back, severing his spinal cord, leaving him a paraplegic. The stabbing..

Online Published Date: 01 June 2005

Appeared in issue: 178 - 01 June 2005

A little compensation – TUC report

Less than one in 10 people made ill or injured by their work ever receive any compensation from the state or from their employers, says a report from the TUC. The report, entitled “A little compensation,” appears in the latest edition of..

Online Published Date: 01 June 2005

Appeared in issue: 178 - 01 June 2005