i-law

Liability Risk and Insurance

High-heeled sprint goes ahead
We are always hearing stories of events that have had to be cancelled because of a lack of insurance or because of onerous health and safety requirements. Organisers are regularly to be heard blaming those “meanie insurers” for charging..
Online Published Date:  01 May 2006
Appeared in issue:  189 - 01 May 2006
US and International Insurance Market Overview – March 2006
By Aon
Online Published Date:  01 May 2006
Appeared in issue:  189 - 01 May 2006
Monthly Quota
“Asking lawyers representing the wealthiest corporations in the world how they feel about a civil justice system that protects the rights of even the weakest among us is like asking bank robbers how they like the criminal justice system...
Online Published Date:  01 May 2006
Appeared in issue:  189 - 01 May 2006
…and attacks claims management companies
APIL’s incoming president Richard Langton has attacked claims management companies and said that some of them are “just parasites.” Mr Langton said: “We are going to see claims management companies regulated at long last, but..
Online Published Date:  01 May 2006
Appeared in issue:  189 - 01 May 2006
Incoming APIL president attacks ABI proposals…
Insurers are dragging the legal system back to the “bad old days of hired guns”, according to APIL’s incoming president Richard Langton. He said that shareholders are the centre of insurers’ universe, and that insurers have a..
Online Published Date:  01 May 2006
Appeared in issue:  189 - 01 May 2006
Conservative amendments to NHS Redress Bill
The Conservative Party has issued a briefing note on the NHS Redress Bill, which sets out its amendments to the bill. According to John Baron MP, the original Bill “would have had the NHSLA carrying out the investigation of fact and fault, in..
Online Published Date:  01 May 2006
Appeared in issue:  189 - 01 May 2006
Law firm team tackles bogus compensation claims
A new team to tackle insurance fraudsters making bogus compensation claims has been set up by Manchester solicitors Beachcroft Wansbroughs. Partner Mike Suddards is heading a team of five lawyers investigating suspicious claims on behalf of..
Online Published Date:  01 May 2006
Appeared in issue:  189 - 01 May 2006
APIL responds to Part 36 consultation
The Association of Personal Injury Lawyers (APIL) has responded to the consultation by stating that it is “very concerned about the recent Court of Appeal judgments which allow NHS Trusts and other defendants to avoid guaranteeing their Part..
Online Published Date:  01 May 2006
Appeared in issue:  189 - 01 May 2006
FOIL responds to Part 36 consultation
The Forum of Insurance Lawyers (FOIL) has responded to the Consultation Paper from the Department For Constitutional Affairs on “Part 36 of the Civil Procedure Rules: Offers to settle and payments into court.” FOIL agreed that defendants..
Online Published Date:  01 May 2006
Appeared in issue:  189 - 01 May 2006
Irwin Mitchell and Alexander Harris to merge
Law firms Irwin Mitchell and Alexander Harris are to merge. The newly created firm, which will retain the name Irwin Mitchell, will have over 1860 staff. Irwin Mitchell currently offers national legal support via its offices in Birmingham, Leeds,..
Online Published Date:  01 May 2006
Appeared in issue:  189 - 01 May 2006
ISO’s eight-point strategy for claims management
Insurance Services Office (ISO) Limited has announced that it has identified an eight-point strategy “where technology now exists for the effective management of claims through improved visibility of the claims process, establishing Best..
Online Published Date:  01 May 2006
Appeared in issue:  189 - 01 May 2006
AIRMIC surveys members on contract certainty
The commercial insurance market has seen a big increase in the number of transactions achieving contract certainty, but there is still some way to go before it meets the 85% target set by the Market Reform Group for the year-end, according to an..
Online Published Date:  01 May 2006
Appeared in issue:  189 - 01 May 2006
ACE launches liability covers aimed at fund managers
ACE European Group is launching an enhanced range of covers as part of its Elite Investment Management Insurance product (EIMI). This is in response to increased exposure to litigation and a growing demand for the investment and fund management..
Online Published Date:  01 May 2006
Appeared in issue:  189 - 01 May 2006
UK D&O market stable says Marsh
Stability in the UK Directors’ and Officers’ insurance (D&O) market in 2005 is continuing into 2006, with premium reductions, improved cover and less restrictive coverage terms still commonplace, according to Marsh. Clair Collins, UK..
Online Published Date:  01 May 2006
Appeared in issue:  189 - 01 May 2006
Policy for hedge fund industry from Chubb
Chubb Insurance Company of Europe has launched what it claims is the UK’s first insurance policy aimed specifically at the hedge fund industry. Chubb’s hedge fund policy has been designed to provide specific professional indemnity (PI)..
Online Published Date:  01 May 2006
Appeared in issue:  189 - 01 May 2006
Swedish work-related disorders survey
One in four employed persons in Sweden has suffered from a work-related disorder in 2005, according to the latest Swedish work-related disorders survey. In 2005, 25 % of all employed persons in Sweden were concerned by work-related disorders. The..
Online Published Date:  01 May 2006
Appeared in issue:  189 - 01 May 2006
French survey into health in the workplace
A recent study of working conditions in France identified particular problems with regard to health in the workplace, and revealed that work is held responsible for 20% of all health problems. The report, by the Direction de l’Animation de la..
Online Published Date:  01 May 2006
Appeared in issue:  189 - 01 May 2006
Sick building syndrome may be work-related stress
A study published in “Occupational and Environmental Medicine” journal suggests that sick building syndrome may be more to do with job stress that the environment. The study of civil servants concluded that symptoms such as coughs and..
Online Published Date:  01 May 2006
Appeared in issue:  189 - 01 May 2006
Construction managers suffer from occupational stress
A survey of almost 1,000 construction managers and other professionals by the Chartered Institute of Building found that 68% had suffered from stress, anxiety or depression. Of those, only 27% had sought medical advice, and only 6% of those who had..
Online Published Date:  01 May 2006
Appeared in issue:  189 - 01 May 2006
RNID and TUC warning over noise in the workplace
RNID, the national charity representing deaf and hard of hearing people, and the TUC have warned employers and employees to take hearing damage more seriously now that the new Control of Noise at Work Regulations have come into effect. RNID and the..
Online Published Date:  01 May 2006
Appeared in issue:  189 - 01 May 2006
Amendment to Management of Health and Safety at Work Regulations
The Health and Safety Commission (HSC) has announced an amendment to the Management of Health and Safety at Work Regulations 1999. The amendment changes the civil liability provisions in the Regulations so as to exclude the right of third parties to..
Online Published Date:  01 May 2006
Appeared in issue:  189 - 01 May 2006
Patient Safety survey in US
The third annual HealthGrades Patient Safety in American Hospitals assessment has revealed that among Medicare patients in hospitals, 1.24mn patient safety incidents, or medical errors, occurred between 2002 and 2004, up from 1.18mn in between 2001..
Online Published Date:  01 May 2006
Appeared in issue:  189 - 01 May 2006
Study on US business view of liability system
West Virginia, Louisiana, Illinois, California, and Texas were among the worst states for legal fairness, while Mississippi is improving after enacting legal reforms, according to a new ranking of the best and worst state legal systems released by..
Online Published Date:  01 May 2006
Appeared in issue:  189 - 01 May 2006
Management liability risks of US private companies
The 2005 Chubb Private Company Risk Survey has revealed that many private companies are planning activities that may increase their exposure to management liability risks. According to the survey, 67% of private companies are likely to broaden their..
Online Published Date:  01 May 2006
Appeared in issue:  189 - 01 May 2006
vCJD study into blood transfusion risk
A study has suggested that everyone could be susceptible to vCJD infection via blood transfusions, although how it affects them could be determined by their genes. All cases of vCJD in humans have been in people with one particular genetic profile,..
Online Published Date:  01 May 2006
Appeared in issue:  189 - 01 May 2006
HSE warning over asbestos in schools
The Health and Safety Executive (HSE) has updated information on managing asbestos in schools. The potential exposure of teachers and pupils to asbestos remains low but HSE said it is re-issuing the guidance to remind those responsible of their..
Online Published Date:  01 May 2006
Appeared in issue:  189 - 01 May 2006
Study into mobile phone base stations
Symptoms such as headache, fatigue, and difficulty in concentration were more common in people with higher potential exposures to radiation from nearby mobile phone base stations. This is according to a study by scientists from the Institute of..
Online Published Date:  01 May 2006
Appeared in issue:  189 - 01 May 2006
Group calls for moratorium on nanotech lab research
The Action Group on Erosion, Technology and Concentration (ETC Group), a Canadian-based civil society organization monitoring nanotechnology, has renewed its 2003 call for a global moratorium on nanotech lab research and a recall of consumer..
Online Published Date:  01 May 2006
Appeared in issue:  189 - 01 May 2006
R&SA launches rehabilitation and claims initiative
Royal & SunAlliance (R&SA) has launched R&SA Care, an initiative to improve and speed up the bodily injury claims process for people injured either in motor accidents or accidents in the workplace. According to R&SA, the pilot scheme..
Online Published Date:  01 May 2006
Appeared in issue:  189 - 01 May 2006
Rehabilitation leads to earlier settlement says Highway
A trial undertaken by UK motor insurer Highway has shown that case management led rehabilitation can lead to earlier settlement negotiations and increased accuracy on reserving by helping claimants return to pre-accident employment or to consider..
Online Published Date:  01 May 2006
Appeared in issue:  189 - 01 May 2006
Minor injury rehabilitation pilot launched
Health & Case Management Limited (HCML) and Link Insurance have formed a partnership on a rehabilitation solution aimed at individuals who have sustained a minor musculoskeletal injury. According to the partners, results from the programme have..
Online Published Date:  01 May 2006
Appeared in issue:  189 - 01 May 2006
Flight socks can reduce symptomless DVT
A study has found that wearing compression stockings (also known as flight socks) resulted in “a very large reduction in symptomless DVT (deep vein thrombosis) among airline passengers who were allocated to wear compression stockings compared..
Online Published Date:  01 May 2006
Appeared in issue:  189 - 01 May 2006
Merck under fire over osteoporosis drug
The Times has reported that Merck is said to be facing legal action over another of its drugs, Fosamax, which is marketed as a treatment for osteoporosis. The paper said that class action lawyers were targeting the company because it is alleged that..
Online Published Date:  01 May 2006
Appeared in issue:  189 - 01 May 2006
Age discrimination legislation guidance from Acas
Employment relations organisation Acas has launched new guidance to help employers and individuals understand how imminent age discrimination legislation will affect them. Acas chair Rita Donaghy said: “A lot of organisations are under the..
Online Published Date:  01 May 2006
Appeared in issue:  189 - 01 May 2006
UK Personal Injury Litigation 2005 report
The number of accident claims increased in 2004/5 but has not returned to pre-2003 levels, according to a new report from Datamonitor. The report, “UK Personal Injury Litigation 2005,” reveals that the number of disease claims is..
Online Published Date:  01 May 2006
Appeared in issue:  189 - 01 May 2006
Nature of knowledge required for Limitation Act
Claimants failed to discharge the burden of proving that they did not have the requisite knowledge of material facts at the relevant date for limitation purposes. The claim arose as a result of a business investment in which the claimants lost a..
Online Published Date:  01 May 2006
Appeared in issue:  189 - 01 May 2006
Documents and a safe system of work
A variety of documents and practices may be sufficient to satisfy an employer’s duty to provide employees with a safe system of work. A woman was employed as assistant head teacher at a special school for children with severe learning..
Online Published Date:  01 May 2006
Appeared in issue:  189 - 01 May 2006
Fixed six-year limitation period upheld
Claims arising out of intentional sexual assaults were subject to a fixed six-year limitation period from the date of the assaults, or from the claimants’ majority, if later. The Human Rights Act 1998, which did not come into effect until..
Online Published Date:  01 May 2006
Appeared in issue:  189 - 01 May 2006
Cover under a composite PI policy
The corporation that managed the organisation of a number of member firms was entitled to cover under a composite professional indemnity policy even though the policy had been avoided against the member firm against which a claim had been made The..
Online Published Date:  01 May 2006
Appeared in issue:  189 - 01 May 2006
Insurer looking to exclude liability
To establish that a liability was an excluded liability under section 151(4) of the Road Traffic Act 1988 an insurer had to prove that if an injured passenger did not know that a vehicle had been stolen or unlawfully taken, he did have the..
Online Published Date:  01 May 2006
Appeared in issue:  189 - 01 May 2006
Employer can be liable for suicide
Serious injury from an accident caused by an employer’s negligence that resulted in an employee suffering posttraumatic stress disorder, leading to severe depression and his eventual suicide, entitled his widow to claim against the..
Online Published Date:  01 May 2006
Appeared in issue:  189 - 01 May 2006
$4.5mn compensation award in Vioxx case
The fourth Vioxx case to be heard in the US has resulted in a split decision. The jury concluded that Vioxx was the cause of plaintiff’s heart attack and ordered the company to pay $4.5mn in compensation. The jury awarded $9mn in..
Online Published Date:  01 May 2006
Appeared in issue:  189 - 01 May 2006
£2mn in compensation for bladder injury
A woman has won nearly £2mn in compensation after she sued an NHS Trust over an injury she suffered following the birth of her son. She suffered an injury to her bladder which she claimed left her traumatised and forced her to give up her..
Online Published Date:  01 May 2006
Appeared in issue:  189 - 01 May 2006
Police racially discriminated against applicant
A police force has paid £65,000 in compensation to a Pakistani man who claimed he was racially discriminated against. The award included £25,000 for injury to feelings, £4,000 aggravated damages and £5,000 exemplary damages. The..
Online Published Date:  01 May 2006
Appeared in issue:  189 - 01 May 2006
£2.5mn compensation after car accident
A man has been awarded £2.5mn in compensation following a car accident. He sustained a severe spinal cord injury which has left him paralysed and confined to a wheelchair. The man now has his own adapted car and will be moving into a newly..
Online Published Date:  01 May 2006
Appeared in issue:  189 - 01 May 2006
Firm failed to update protection after accident
A glasscutter has been awarded £5,500 in compensation after an accident at work. His claim for compensation was backed throughout by the GMB Southern Region and its lawyers Thompsons. The judge at Canterbury County Court found that his employer..
Online Published Date:  01 May 2006
Appeared in issue:  189 - 01 May 2006
Waitress wins sex discrimination case
A waitress has won £124,000 in compensation for sex discrimination and unfair dismissal at an employment tribunal. She worked at an exclusive members’ club in Mayfair and was subjected to sexual harassment and bullying by the chef over a..
Online Published Date:  01 May 2006
Appeared in issue:  189 - 01 May 2006
Drug trial victims get interim payments
The four victims of the Northwick Park drug trials represented by Leigh Day & Co have received interim payments to help tide them over the coming difficult months. Two weeks ago at a meeting with lawyers for TeGenero (the company responsible for..
Online Published Date:  01 May 2006
Appeared in issue:  189 - 01 May 2006
£1.5mn for brain damaged child
A health authority has paid £1.5mn in agreed damages to a girl born with severe brain damage. The girl was born with severe cerebral palsy and also has epilepsy, and will now require 24-hour care for the rest of his life. The health authority..
Online Published Date:  01 May 2006
Appeared in issue:  189 - 01 May 2006
Ski holiday woman wins compensation
A woman has won £15,000 against a holiday company after she seriously injured her left knee whilst skiing. The 51-year-old went on a week long package holiday which included adult ski school lessons. She had been skiing before and was placed in..
Online Published Date:  01 May 2006
Appeared in issue:  189 - 01 May 2006
Asthma attack woman wins dismissal case
A woman who worked at a bar has been awarded £5,940 after she claimed for disability discrimination and unfair dismissal. The woman had an asthma attack at work and was taken off the staff rota the following week. Her boss suggested she find a..
Online Published Date:  01 May 2006
Appeared in issue:  189 - 01 May 2006
Award for fork lift truck accident
A man has been awarded £4,750 by his employers in an out of court settlement after suffering deep cuts through trapping his head in a freak forklift truck accident. He lacerated his ears after slipping in the forklift truck’s cab and..
Online Published Date:  01 May 2006
Appeared in issue:  189 - 01 May 2006
Trust pays £3mn to cerebral palsy victim
..
Online Published Date:  01 May 2006
Appeared in issue:  189 - 01 May 2006
Wigan Warriors coach wins disability case
The coach of Wigan Warriors, Mike Gregory, has settled out of court in an employment tribunal against his former employers where he had been head coach since 2003. The club has agreed to pay £17,500 to Gregory after he took them to an..
Online Published Date:  01 May 2006
Appeared in issue:  189 - 01 May 2006
£775,000 compensation for car victim
A 13 year old boy who was hit by a car has received £775,000 compensation. The boy suffered major head injuries and ended up in a temporary coma. The case was settled by the driver’s insurers without an admission of liability. The..
Online Published Date:  01 May 2006
Appeared in issue:  189 - 01 May 2006
Soldier wins sexual discrimination case
A female soldier has been awarded £12,000 in compensation for sexual discrimination by the Army. The woman did not win all of her allegations at an employment tribunal – 12 of the 43 allegations were upheld, and six were time barred. She..
Online Published Date:  01 May 2006
Appeared in issue:  189 - 01 May 2006
Compensation for sight loss teacher
A secondary school teacher who faced discrimination at work from a council because of her sight loss has received £196,000 in compensation. In July 2004, the Court of Appeal ruled that the teacher, with over 30 years’ experience, was..
Online Published Date:  01 May 2006
Appeared in issue:  189 - 01 May 2006
£1.26mn paid out to prison inmates in last two years
A report in the Daily Telegraph has revealed that almost 500 inmates in a sample of 10 prisons made claims over the past two years, with those who were successful winning a total of £1.26mn. At Wormwood Scrubs, there were 48 claims lodged by..
Online Published Date:  01 May 2006
Appeared in issue:  189 - 01 May 2006
Farting chair claim fails
A deputy head teacher who had claimed unfair dismissal and sex discrimination has lost her claim at an employment tribunal. The teacher hit the headlines after she resigned, partly because the school would not replace a chair which made farting..
Online Published Date:  01 May 2006
Appeared in issue:  189 - 01 May 2006
Dyslexic man loses education case
A dyslexic man who sued two local authorities for nearly £500,000 has lost his case as it was brought outside the legal time limit. The man claimed he had been incorrectly placed in two different special schools. He had no other disability and..
Online Published Date:  01 May 2006
Appeared in issue:  189 - 01 May 2006
Worker sues pottery company over asbestos
A pottery company is being sued by a former worker for damages between £100,000 and £150,000. The man, now retired, has developed mesothelioma and claims that he was exposed to asbestos dust whilst working at the pottery firm. The claim..
Online Published Date:  01 May 2006
Appeared in issue:  189 - 01 May 2006
Substantial settlement against law firm
A woman has been awarded an undisclosed but “substantial” settlement from a firm of solicitors following a professional negligence claim. She was wrongfully convicted and imprisoned in 2002 for attacking a fellow night clubber with a..
Online Published Date:  01 May 2006
Appeared in issue:  189 - 01 May 2006
Lords rule on asbestos compensation case
The Law Lords have ruled that where several employers had negligently exposed an employee to asbestos, each of those employers should have to contribute to the compensation due on the basis of how long they exposed the employee to asbestos. Before..
Online Published Date:  01 May 2006
Appeared in issue:  189 - 01 May 2006
DCA report on advertising and compensation claims
A report commissioned by the Department for Constitutional Affairs and the Advertising Standards Authority into the adequacy of the current regulatory regime covering advertising in respect of compensation claims for personal injuries has been..
Online Published Date:  01 May 2006
Appeared in issue:  189 - 01 May 2006

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