i-law

Liability Risk and Insurance

Atrium sees casualty rating improvements
The 2004 renewals season has seen pricing pressure cause a softening in property and other short tail classes, according to Lloyd’s insurer Atrium. However, the insurer added that most of the casualty classes continued to show improvement in..
Online Published Date:  01 March 2004
Appeared in issue:  163 - 01 March 2004
Brit Insurance 2003 results
Brit Insurance Holdings plc, the UK general insurance group, has announced record pre tax profits of £77.6m for the year ended 31 December 2003 (£10.0m in 2002). Operating profits up 561.4% to £75.4m : (2002 £11.4m). Gross..
Online Published Date:  01 March 2004
Appeared in issue:  163 - 01 March 2004
XL Capital 2003 results
XL Capital Ltd has reported net income of US$371.7mn for 2003, compared with net income of US$396.0mn for 2002. Net premiums earned from general operations increased by 24% in 2003, while investment income increased 6% to US$780mn cash flow from..
Online Published Date:  01 March 2004
Appeared in issue:  163 - 01 March 2004
S&P reports on future for US commercial lines
Although asbestos liabilities have proven the most potent menace for insurers of late, even without them the US insurance industry’s reserves are about US$60bn in the red, according to Standard & Poor’s Ratings Services in its..
Online Published Date:  01 March 2004
Appeared in issue:  163 - 01 March 2004
Greenberg in terrorist jibe
AIG chairman Maurice Greenberg has reportedly called class-action attorneys who oppose tort reform “terrorists.” He told a meeting in Boston that the current battle in Congress to reform class-action litigation was much like the Bush..
Online Published Date:  01 March 2004
Appeared in issue:  163 - 01 March 2004
State of the liability market
How is the liability market in the UK shaping up in 2004? Are rates likely to increase, or remain firm, or have we reached the peak of the hard market? In its most recent UK State of the Market report, Heath Lambert says “Reinsurance treaties..
Online Published Date:  01 March 2004
Appeared in issue:  163 - 01 March 2004
Dangerous non-food products listed on EU website
The European Commission is to start publishing weekly summaries of the alerts it receives from member states about dangerous non-food consumer products. The first of these is available on the Commission’s Consumer Affairs website at..
Online Published Date:  01 March 2004
Appeared in issue:  163 - 01 March 2004
NO COMMENT!
The 2003 Stella Awards Winners have been announced. For those who don’t know, the Stella Awards were inspired by Stella Liebeck who spilled a cup of McDonald’s coffee onto her lap, burning herself, and later winning US$2.9mn in..
Online Published Date:  01 March 2004
Appeared in issue:  163 - 01 March 2004
Beware of unregulated financial incentives
What do we conclude? There are always genuine claims that deserve to be compensated. Fascinatingly, Datamonitor reported that the number of claims reported to the Compensation Recovery Unit in fact fell by 7% in 2002. Government figures for 2002-3..
Online Published Date:  01 March 2004
Appeared in issue:  163 - 01 March 2004
The Australian litigation crisis
The Australian experience of the past three years provides more illumination. Australia experienced an explosion of litigation in the 1990s, with a succession of class action claims funded with contingency fees, but this boom was brought up short in..
Online Published Date:  01 March 2004
Appeared in issue:  163 - 01 March 2004
The CFA insurers’ saga
A second example reinforces the suspicion that who gets the money plays a big part in compensation culture. The market for after-the-event insurance policies that cover the risk of liability for opponents’ costs if one loses a CFA claim has..
Online Published Date:  01 March 2004
Appeared in issue:  163 - 01 March 2004
Product liability group actions
First, there was a series of multi-party product liability actions in England and Wales from the early 1980s to the late 1990s, in which some individuals brought allegations of personal injuries, mostly involving pharmaceutical products. The..
Online Published Date:  01 March 2004
Appeared in issue:  163 - 01 March 2004
Compensation culture – Where there’s blame, there’s a claim
By Christopher Hodges, CMS Cameron McKenna. Television advertisements exhort us to sue for every mishap, group action lawyers are soliciting new claimants through the internet and the insurance industry’s bill for compensation is rising. Is..
Online Published Date:  01 March 2004
Appeared in issue:  163 - 01 March 2004
Pancake race cancelled over insurance cost
Another example of the world gone liability risk mad. A children’s pancake race has been cancelled because of a massive increase in insurance costs. The primary school in Devon was forced to cancel its race because the cost of public liability..
Online Published Date:  01 March 2004
Appeared in issue:  163 - 01 March 2004
Claims handling solution from ISO
The Rubicon Corporation has bought the US Insurance Services Office’s (ISO) Claims Outcome Advisor (COA) web-based personal injury claims solution. COA will help Rubicon “improve the consistency of its clients’ claims payouts,..
Online Published Date:  01 March 2004
Appeared in issue:  163 - 01 March 2004
Local authorities and the impact of CFAs
Spurious compensation claims continue to increase, and local authorities’ bottom lines are feeling the pinch, according to a new report from the Local Government Association (LGA) and Zurich Municipal. The report shows that 68% of councils..
Online Published Date:  01 March 2004
Appeared in issue:  163 - 01 March 2004
Corporate killing bill survey
Norton Rose has published research on the government’s proposals for a new corporate killing bill, focusing particularly on companies who operate potentially hazardous lines of business such as the rail and construction industries. Two thirds..
Online Published Date:  01 March 2004
Appeared in issue:  163 - 01 March 2004
Teachers advised against school trips
Teachers’ union NASUWT has issued guidance on taking school trips to its members, basically advising members against taking school trips. “In an increasingly litigious society which no longer appears to accept the concept of a genuine..
Online Published Date:  01 March 2004
Appeared in issue:  163 - 01 March 2004
Lecturer wins stress damages
A further education lecturer has been awarded £80,000 by her college after receiving stress-related injuries at work.The lecturer received the out of court settlement from the college after suffering a nervous breakdown. The case was brought by..
Online Published Date:  01 March 2004
Appeared in issue:  163 - 01 March 2004
Employment rights for clergy
The government has announced a new move to help improve employment rights for clergymen and women. Representatives from different religious faiths in Britain are to be invited to take part in a working group to see how best they can ensure that..
Online Published Date:  01 March 2004
Appeared in issue:  163 - 01 March 2004
X-ray technologists suffer back and neck pain
A study published in the International Journal of Industrial Ergonomics has shown that most x-ray technologists in Canada suffer from “significant and diverse musculoskeletal” problems due to the physical stress and strain of their..
Online Published Date:  01 March 2004
Appeared in issue:  163 - 01 March 2004
Workplace bullying decision increases compensation
The union UNISON has welcomed a Court of Appeal ruling as great news for victims of workplace bullying. According to the union, in awarding victory in an appeal over a UNISON-brought case of unfair dismissal, the court overturned a 30-year-old..
Online Published Date:  01 March 2004
Appeared in issue:  163 - 01 March 2004
Incidence of violence at work falls
The British Crime Survey (BCS) has revealed that the number of people experiencing violence at work has fallen by 27% since 1999. The report showed that approximately 376,000 workers had experienced at least one incident of violence at work. Workers..
Online Published Date:  01 March 2004
Appeared in issue:  163 - 01 March 2004
No disciplinary hearing means unfair dismissal
Companies which have not yet put in place procedures to deal with the effect of the Employment Regulations Act 2002 should act now to avoid potentially costly mistakes. This is according to legal expenses insurer DAS which points out that the new..
Online Published Date:  01 March 2004
Appeared in issue:  163 - 01 March 2004
Employment tribunal applications up 20% in 2003
The number of workers taking their employers to tribunals increased by more than 20% last year. Figures from the Office of Employment Tribunals show that the number of applications to employment tribunals rose from 105,000 in 2002 to 127,000 last..
Online Published Date:  01 March 2004
Appeared in issue:  163 - 01 March 2004
Builders suffer from upper limb disorders
The Chartered Society of Physiotherapy has released statistics showing that builders in the North East are more likely to suffer from a work-related upper limb disorder or RSI than journalists in London. The figures were compiled by the Labour..
Online Published Date:  01 March 2004
Appeared in issue:  163 - 01 March 2004
Increase in nuclear accident compensation
Protocols to amend the Paris Convention on Third Party Liability in the Field of Nuclear Energy and the Brussels Convention Supplementary to the Paris Convention have been signed. According to the OECD’s Nuclear Energy Agency, the revised..
Online Published Date:  01 March 2004
Appeared in issue:  163 - 01 March 2004
Prestige damage estimates
Representatives of the Spanish, French and Portuguese governments have provided additional information on the extent of the damage resulting from the Prestige incident. At a recent meeting of The International Oil Pollution Compensation Fund, they..
Online Published Date:  01 March 2004
Appeared in issue:  163 - 01 March 2004
Icelandic trawlermen’s compensation
Compensation under the Icelandic Trawlermen’s Compensation Scheme will be extended to an additional 21 vessels. Trade & Industry minister Nigel Griffiths said: “The department will now re-examine the claims from trawlermen who..
Online Published Date:  01 March 2004
Appeared in issue:  163 - 01 March 2004
Oil pollution compensation limits of liability increased
The International Oil Pollution Compensation Fund (IOPC) has announced that the limits of liability and compensation under the 1992 Civil Liability Convention and the 1992 Fund Convention have increased by some 50.37%, resulting in a total of some..
Online Published Date:  01 March 2004
Appeared in issue:  163 - 01 March 2004
Marine Mutual Report from S&P
According to a Standard & Poor’s report, “Marine Mutual Report 2004,” shipowners will have to wait until 2006 before the P&I mutuals produce technical results acceptable to analysts. This is despite improved investment..
Online Published Date:  01 March 2004
Appeared in issue:  163 - 01 March 2004
Avian flu still spreading
The Food & Agriculture Organization of the United Nations (FAO) has warned that the spread of the avian influenza virus in several Asian countries is still not under control. Cambodia, China, Indonesia and Laos continue to report new outbreaks..
Online Published Date:  01 March 2004
Appeared in issue:  163 - 01 March 2004
European Pollutant Emission Register launched
The European Commission and the European Environment Agency (EEA) have launched the European Pollutant Emission Register (EPER), the first Europe-wide register of industrial emissions into air and water. Detailed information on pollution from around..
Online Published Date:  01 March 2004
Appeared in issue:  163 - 01 March 2004
Environmental Liability Directive to be adopted
Agreement has been reached over amendments to the European Environmental Liability Directive. The agreement of the European Parliament and the European Council will now enable the proposed Directive to be adopted. Agreement on an EU measure on..
Online Published Date:  01 March 2004
Appeared in issue:  163 - 01 March 2004
Report on obesity and insurance
Obesity is a growing international problem that is imposing immense additional costs on the economy and society as a whole, and becoming an increasingly important cost driver and exposure issue for insurers. This is according to a new report by the..
Online Published Date:  01 March 2004
Appeared in issue:  163 - 01 March 2004
Obesity-related disability claims up
The number of obesity-related disability claims are on the rise, according to a recent report by UnumProvident Corporation, the largest provider of disability income protection insurance in the US. In addition, individuals filing claims related to..
Online Published Date:  01 March 2004
Appeared in issue:  163 - 01 March 2004
Silica liability report published
The US Insurance Information Institute has produced a special report on silica liability. The report finds that while the number of deaths associated with silicosis continues to decline, the number of silica claims being filed is increasing sharply...
Online Published Date:  01 March 2004
Appeared in issue:  163 - 01 March 2004
Companies not ready for management of asbestos risk deadline
Two thirds of organisations surveyed in the UK by Zurich Risk Services still have no plans in place to manage the risks associated with asbestos in the workplace, even though the same amount 66% stated that threat to health was their major..
Online Published Date:  01 March 2004
Appeared in issue:  163 - 01 March 2004
Asbestos “most expensive tort in US history”
The US research group RAND Institute for Civil Justice has said that asbestos has become the most expensive tort in US history. In a RAND study, it says that insurers and manufacturing companies have paid out around US$70bn in asbestos-related costs..
Online Published Date:  01 March 2004
Appeared in issue:  163 - 01 March 2004
Asbestos warning from construction workers’ union
There has been considerable reaction to the article on the mesothelioma epidemic reported in the British Medical Journal. The leader of Britain’s construction workers, George Brumwell, warned that the mesothelioma epidemic, reported in LRI..
Online Published Date:  01 March 2004
Appeared in issue:  163 - 01 March 2004
No-smoking areas don’t work
New research published in the journal Tobacco Control shows that designated “no-smoking” areas in the hospitality industry provide at best partial protection and at worst no protection at all against the damaging effects of second-hand..
Online Published Date:  01 March 2004
Appeared in issue:  163 - 01 March 2004
US polled on Mad Cow Disease risks
Most Americans are not concerned about getting Mad Cow Disease, according to a new national study conducted by the Harvard School of Public Health. The study, “Project on the Public and Biological Security,” found that less than one in..
Online Published Date:  01 March 2004
Appeared in issue:  163 - 01 March 2004
vCJD deaths up in 2003
The Department of Health has said that the number of people dying from the human form of BSE rose last year. Eighteen people died from vCJD, compared with 17 in 2002, according to the National CJD Surveillance Unit. There were 28 deaths in 2000 and..
Online Published Date:  01 March 2004
Appeared in issue:  163 - 01 March 2004
NHS pregnancy kits faulty
One of the most commonly used pregnancy kits in the HNS has a fault and has been recalled by the Department of Health. It is estimated that one in three of the kits may give a false negative reading. Some reports suggest that this could mean that up..
Online Published Date:  01 March 2004
Appeared in issue:  163 - 01 March 2004
RoSPA calls for better safety design
The Royal Society for the Prevention of Accidents (RoSPA) has called on manufacturers that are planning new products to design with safety in mind and to provide better safety information. The call is based on the latest figures from Department of..
Online Published Date:  01 March 2004
Appeared in issue:  163 - 01 March 2004
Infections, not delivery, cause newborn brain injuries
Injuries to the white matter of a newborn’s brain are more closely associated with neonatal infections, than to the baby’s delivery, according to a new study by US healthcare organisation Johns Hopkins. The organisation points out that..
Online Published Date:  01 March 2004
Appeared in issue:  163 - 01 March 2004
Path is not a playground
Occupiers are not subject to the same restrictions in their choice of the surfaces they put down in parks and community gardens, even if children play in them, as they are in areas specifically designated as children’s playgrounds. A woman who..
Online Published Date:  01 March 2004
Appeared in issue:  163 - 01 March 2004
Physical damage to physical property
Risk of future damage does not amount to physical damage to property under a global liability policy.The case involved a claim for investigations, management costs, the remedial scheme and safety installations over defects to panels.The insurers..
Online Published Date:  01 March 2004
Appeared in issue:  163 - 01 March 2004
Reasonably foreseeable not required
The appropriate test in assessing damages to compensate a victim of unlawful race discrimination was the establishment of a causal link between the act of discrimination and the alleged injury. It was not necessary to superimpose the requirement to..
Online Published Date:  01 March 2004
Appeared in issue:  163 - 01 March 2004
Duty of care and economic loss
A police commissioner owed a duty of care to an officer in his force and therefore when the officer was given negligent advice on which the officer relied, the commissioner was thus vicariously liable for pure economic loss caused to the..
Online Published Date:  01 March 2004
Appeared in issue:  163 - 01 March 2004
Withdrawal of admission of liability
A school assistant injured her back whilst handling a child following a swimming lesson. Two years after the accident the council received a letter before action. The council’s insurers’ claims inspector decided that the most plausible..
Online Published Date:  01 March 2004
Appeared in issue:  163 - 01 March 2004
No jurisdiction for overseas claim
A claim for unfair dismissal by a British employee of an English company who worked in the Ascension Islands could not be heard by an employment tribunal. An employment tribunal ruled that it had no jurisdiction to hear the unfair dismissal case...
Online Published Date:  01 March 2004
Appeared in issue:  163 - 01 March 2004
Stop wasting judicial time
This case involved an appeal from a decision by the Employment Appeal Tribunal which was withdrawn. The Court of Appeal said that there was professional obligation on those advising parties to litigation to alert the court as soon as possible to the..
Online Published Date:  01 March 2004
Appeared in issue:  163 - 01 March 2004
Levels of compensation for whistle-blowers
In this case relating to whistle-blowers and levels of compensation, the Employment Appeal Tribunal ruled that the guidelines laid down by the Court of Appeal on levels of compensation for injury to feelings awarded to employees subjected to race or..
Online Published Date:  01 March 2004
Appeared in issue:  163 - 01 March 2004
Date of payments into court
Where a defendant made a payment into court which, had it been accepted, amounted to more than the claimant would have received at trial, the court was entitled to assess damages as at the date of payment-in and not the date of the trial. The Court..
Online Published Date:  01 March 2004
Appeared in issue:  163 - 01 March 2004
Date of termination was date of fax
When an employee communicated by fax his immediate acceptance of his employer’s repudiation of his contract of employment, the effective date of termination of employment was the date the employee’s fax was received, and not any later..
Online Published Date:  01 March 2004
Appeared in issue:  163 - 01 March 2004
Defendant not liable in nuisance
The case involved flooding of a garden by sewers, and the claimant brought an action against the sewage operator. The judge found for the claimant, and the Court of Appeal held that the defendant was liable in nuisance. The defendant appealed to the..
Online Published Date:  01 March 2004
Appeared in issue:  163 - 01 March 2004
Caught between decision and statute
Where an accident occurred after the decision in Goodes v East Sussex County Council but before the amendment to statute (s.111 of the Railways and Transport Safety Act 2003), the highway authority was not under a duty of care to remove ice or..
Online Published Date:  01 March 2004
Appeared in issue:  163 - 01 March 2004
£3.2mn settlement for anaesthetic error
A five-year-old girl who suffered brain damage during a tonsillectomy has received a settlement of £3.2mn. The girl, who is now 13, requires 24-hour care. The NHS Trust admitted liability. The girl received too much anaesthetic during surgery,..
Online Published Date:  01 March 2004
Appeared in issue:  163 - 01 March 2004
Road accident victim gets £3.15mn
The victim of a road accident who was brain damaged in the crash has received £3.15m in compensation. The 15-year-old boy, who was just eight at the time, was hit by a speeding car in a residential area. Liability had been established on the..
Online Published Date:  01 March 2004
Appeared in issue:  163 - 01 March 2004
No test for maternal diabetes
A health authority is being sued for £2.75mn in compensation by a girl who suffered severe brain damage at birth. The girl, now 14, requires 24-hour care. The mother claims that she showed signs of maternal diabetes and the hospital should have..
Online Published Date:  01 March 2004
Appeared in issue:  163 - 01 March 2004
Brain damage girl compensated
The mother of a girl who suffered brain damage at birth has been awarded £2mn in an out-of-court settlement. The NHS Trust admitted liability. The brain damage was the result of oxygen deprivation caused by a delay before Caesarean section. The..
Online Published Date:  01 March 2004
Appeared in issue:  163 - 01 March 2004
Legoland worker discriminated against
A disabled worker at Legoland who was presented with a lego model of himself with his injured arm in a sling, has won compensation. The man was awarded more than £20,000 in compensation. The man had injured his arm in a motorbike crash and was..
Online Published Date:  01 March 2004
Appeared in issue:  163 - 01 March 2004
Settlement over brain damage
A hospital has made a settlement of £1.25mn to a boy who suffered brain damage following his birth. The boy, now 14, cannot walk and has difficulty with hand movements. The hospital apologised for the circumstances surrounding the birth but..
Online Published Date:  01 March 2004
Appeared in issue:  163 - 01 March 2004
Caesarean delay award
A boy who was left with brain damage at birth has been awarded a lump sum of £900,000 and a further £90,000-a-year for the rest of his life. The boy, now 19, suffered brain damage after a 20-minute delay in confirming that he needed to be..
Online Published Date:  01 March 2004
Appeared in issue:  163 - 01 March 2004
Collision with fire engine
A man who was injured when his car collided with a fire engine which was passing through a red light in answer to an emergency call has received £4mn in an out of court settlement. The 34 years old successful advertising executive sustained..
Online Published Date:  01 March 2004
Appeared in issue:  163 - 01 March 2004
Plastic surgery caused death
A man has been awarded £261,938 in damages after he sued the plastic surgeon who had performed a tummy tuck operation on his wife which resulted in her death. The 36-year-old wife died five years ago as a result of post-operative complications...
Online Published Date:  01 March 2004
Appeared in issue:  163 - 01 March 2004
Special needs teacher attack compensation
A special needs teacher who was kicked and battered with furniture by a pupil has been awarded an estimated £250,000 in the High Court following a case brought by NASUWT. The teacher was forced to retire on ill-health grounds after she was..
Online Published Date:  01 March 2004
Appeared in issue:  163 - 01 March 2004
Janet Jackson breast case dropped
A US woman who was offended by seeing Janet Jackson’s right breast during the live performance in the SuperBowl half time show has dropped her million dollar legal action. The woman was seeking maximum compensation for the “lewd”..
Online Published Date:  01 March 2004
Appeared in issue:  163 - 01 March 2004
Footballers’ wives and the personal trainer
A football team’s former personal fitness trainer is claiming unfair dismissal and sexual discrimination after being sacked by text message after just five weeks in the job. She claims that the wives of the team members forced her out after..
Online Published Date:  01 March 2004
Appeared in issue:  163 - 01 March 2004
Female army sergeant wins sex discrimination claim
A female army sergeant has won a claim for sexual discrimination. The sergeant was married to another soldier and had two young children. After maternity leave, she was told to sign a document that included a clause requiring her to be prepared to..
Online Published Date:  01 March 2004
Appeared in issue:  163 - 01 March 2004
Black army sergeant discriminated against
An employment tribunal has ruled that a black army sergeant was a victim of racial discrimination by two officers. The sergeant had complained of several incidents of racial harassment by a major, and believed that he had been refused promotion..
Online Published Date:  01 March 2004
Appeared in issue:  163 - 01 March 2004
Student overseas rape claim
A former student is suing her university over a study trip to the Ukraine where she claims she was raped. The woman says she was sexually assaulted on the trip, and that the university was negligent. She claims the trip was mandatory or at least..
Online Published Date:  01 March 2004
Appeared in issue:  163 - 01 March 2004
Trapped hand claim
A woman is claiming damages of over £50,000 from her employer after she trapped her hand in a machine. She claims that the machine was unguarded. She is claiming for the injury to the hand, and is also claiming for psychological injuries after..
Online Published Date:  01 March 2004
Appeared in issue:  163 - 01 March 2004
Legal aid withdrawn from assault claimants
A number of women who are suing the NHS over sexual assault claims have had their legal aid withdrawn. The women were suing the health authority and the NHS trust who employed a surgeon who they claim sexually assaulted and raped them. The surgeon,..
Online Published Date:  01 March 2004
Appeared in issue:  163 - 01 March 2004
MoD may be sued over military police deaths
The Ministry of Defence may be sued by the families of the six British military police who were killed during a riot in post-war Iraq. The families are said to be seriously considering legal action on the grounds the MoD failed in its duty of care...
Online Published Date:  01 March 2004
Appeared in issue:  163 - 01 March 2004
Insurers fail in Halliburton case
A US bankruptcy judge has rejected an attempt by two groups of insurers to block the US$4bn settlement of asbestos claims against two units of US oil-services group Halliburton. The insurers claimed that units of Halliburton should not be allowed to..
Online Published Date:  01 March 2004
Appeared in issue:  163 - 01 March 2004
British army Kenya case dropped
The case brought against the British Army for allegedly killing and maiming hundreds of Kenyan tribesmen with munitions left over from training exercises has been dropped after the claimants accepted an out-of-court settlement. The claimants were..
Online Published Date:  01 March 2004
Appeared in issue:  163 - 01 March 2004
Widow sues over mesothelioma
A woman diagnosed with mesothelioma is to sue the factory where her husband worked. Her husband and daughter died from mesothelioma caused by exposure to asbestos. The 71-year-old woman contracted mesothelioma after allegedly breathing in fibres..
Online Published Date:  01 March 2004
Appeared in issue:  163 - 01 March 2004
Supermarket can be sued
Supermarket chain Tesco has admitted that the wording in one of Tesco Personal Finance’s insurance policies, which would have prevented a customer from suing Tesco itself, was “morally wrong” and that the exclusion clause would be..
Online Published Date:  01 March 2004
Appeared in issue:  163 - 01 March 2004
Ex-employees can recover damages
The decision of the Employment Appeal Tribunal in Dunnachie v Kingston upon Hull City Council has been overturned by the Court of Appeal, which has upheld an award of £10,000 for injury to feelings arising from the manner of..
Online Published Date:  01 March 2004
Appeared in issue:  163 - 01 March 2004
New ruling on sex discrimination and police officers
An employment tribunal has ruled that old provisions in the Sex Discrimination Act, which barred police officers from pursuing claims for sexual harassment in the workplace are overridden by European sex discrimination law. As a result of this..
Online Published Date:  01 March 2004
Appeared in issue:  163 - 01 March 2004

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