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Lithuanian market in 1999
A profile of the Lithuanian insurance market in 1999 shows a significant slowing of the growth of recent years along with a general economic slowdown and currency-related trade problems.
In terms of total premium for the three Baltic states –..
Online Published Date:
01 November 2000
Appeared in issue:
124 - 01 November 2000
Self-employed liability
..
Online Published Date:
01 November 2000
Appeared in issue:
124 - 01 November 2000
CGNU sells US business
New Hampshire-based White Mountains Insurance Group has purchased CGNU’s US property/casualty business for around US$2.5bn.
White Mountains investment is shared with a number of other big US players. including Berkshire Hathaway, which, for a..
Online Published Date:
01 November 2000
Appeared in issue:
124 - 01 November 2000
More solicitors to ‘take the plunge’?
Despite initial reports of less than 50 solicitor firms joining the assigned pool at the outset, Alexander Forbes Professions believes that when practice certificates are renewed it will appear as many as 500 could have applied, although some of..
Online Published Date:
01 November 2000
Appeared in issue:
124 - 01 November 2000
Tripwire and SVB join forces
Tripwire, provider of data integrity and assurance software, is joining in a strategic alliance with Lloyd’s syndicate 1007 (SVB) in marketing the e-Comprehensive cyber-insurance policy.
A 10% premium discount is available to policyholders..
Online Published Date:
01 November 2000
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124 - 01 November 2000
Stress management
..
Online Published Date:
01 November 2000
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124 - 01 November 2000
Derbyshire recommendations
A class note issued by Lloyd’s Register, based on recommendations of the Derbyshire
inquiry, focuses on dangers posed to hatch covers by green sea loads. Regulations for strengthening hatch covers on larger bulkers are likely to follow.
Full..
Online Published Date:
01 November 2000
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124 - 01 November 2000
Greek response to Samina sinking
The Greek government has banned 65 elderly ferries from sailing, pending their upgrade to meet European safety standards. Further, the operating licences of all ferries over 27 years old are to be reviewed.
This also ties in with legislation in..
Online Published Date:
01 November 2000
Appeared in issue:
124 - 01 November 2000
State Farm wins US$8mn
Just before launch of suit for damages under the racketeering RICO Act, insurer State Farm won an out-of-court settlement of US$8mn. A first of its kind, the action targeted a fraud ring that staged motor accidents in the Chicago area; participants..
Online Published Date:
01 November 2000
Appeared in issue:
124 - 01 November 2000
Case update
Subject Loss of chance
Result A company operating petrol stations instructed solicitors to appeal a refusal of permission; the appeal failed. It then sued the solicitors, alleging they should have given different advice – challenge of the..
Online Published Date:
01 November 2000
Appeared in issue:
124 - 01 November 2000
Awards and settlements
Auction collusion,
allegedly leading to heavy losses to clients, leads to a £365mn settlement, split between the world’s two largest auction houses.
Sotheby’s will also pay £21mn plus shares worth £36mn to shareholders..
Online Published Date:
01 November 2000
Appeared in issue:
124 - 01 November 2000
People on the move
..
Online Published Date:
01 November 2000
Appeared in issue:
124 - 01 November 2000
Hong Kong to streamline injury claims
The Hong Kong judiciary is reviewing legal procedures for insured claims arising from workplace injuries, seeking a fair way of speeding settlement. The Hong Kong Federation of Insurers supports this and has also joined a private sector taskforce to..
Online Published Date:
01 November 2000
Appeared in issue:
124 - 01 November 2000
Australian insurers to pay quickly?
Discussion of Perre v Apand
(1999), in which the high court outlined a number of features leading to liability for pure economic loss, is discussed in the September 2000 issue of Australian Insurance Law
from Phillips Fox.
It argues that insurers..
Online Published Date:
01 November 2000
Appeared in issue:
124 - 01 November 2000
Jury trial saved
The House of Lords has rejected the government’s bill that would have removed a defendant’s right to choose trial before a jury in the crown court rather than by magistrates.
The ‘either way’ decision, for a range of..
Online Published Date:
01 November 2000
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124 - 01 November 2000
Armed Forces Discipline Act
Effective from 2 October, the Armed Forces Discipline Act incorporates the Human Rights Act into the armed forces’ internal disciplinary system.
This will include a process for the treatment of soldiers held in custody analogous to those held..
Online Published Date:
01 November 2000
Appeared in issue:
124 - 01 November 2000
Toughening of Equal Pay Act
The government is preparing proposals to toughen the 25-year-old Equal Pay Act. Employers will be required to submit evidence more quickly than at present and tribunals will no longer be able to dismiss claims as ‘unreasonable’. All..
Online Published Date:
01 November 2000
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124 - 01 November 2000
Responsibilities of legal advisers
A practice direction, issued with immediate effect on 2 October, requires legal advisers who are members of a justices’ clerk’s staff to be responsible for providing justices with advice on law, practice and procedure, and ensuring each..
Online Published Date:
01 November 2000
Appeared in issue:
124 - 01 November 2000
ABI attacks new Ogden proposals
Recommendations from the Ogden working party, on the rate of return used to calculate awards in personal injury cases, have been criticised by the Association of British Insurers (ABI).
Newly-published tables from the working party propose..
Online Published Date:
01 November 2000
Appeared in issue:
124 - 01 November 2000
Personal injury tables
..
Online Published Date:
01 November 2000
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124 - 01 November 2000
Level of damages under HRA
Law Commission reports to the Lord Chancellor recommend that the levels of damages in cases brought under the Human Rights Act should be of comparable level to the general run in courts in England and Wales, and Scotland. These are likely to be..
Online Published Date:
01 November 2000
Appeared in issue:
124 - 01 November 2000
LLPs for law firms
A new poser for law firms, already not all comfortable with seeking indemnity insurance on the open market, is the expected effectiveness of the Limited Liabilities Partnerships Act early next year.
An overview of the pros and cons appears in the..
Online Published Date:
01 November 2000
Appeared in issue:
124 - 01 November 2000
Insurance yearbook
The latest edition of the Association of British Insurers’ (ABI) Insurance Statistics Yearbook
, covering 1989–9, shows the last year as one of heavy underwriting loss in the non-life market. UK general insurance saw an underwriting loss..
Online Published Date:
01 November 2000
Appeared in issue:
124 - 01 November 2000
Bulgaria weak on TPL
..
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01 November 2000
Appeared in issue:
124 - 01 November 2000
Portuguese market in 1999
While the number of insurers in Portugal is increasing, the market is still dominated by a few, predominantly bank-owned, entities.
Growth mirrors the overall economy, with written premiums up by 18.8% (of which life 28.3% and non-life 8.4%) to..
Online Published Date:
01 November 2000
Appeared in issue:
124 - 01 November 2000
Bio attack vaccine cover
London-based Millers and New York-based Frank Crystal & Co have co-brokered a unique innovative insurance cover to protect the manufacturer of a vaccine, intended for protection in biological warfare.
A comprehensive product liability package..
Online Published Date:
01 November 2000
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124 - 01 November 2000
New PI products from St Paul International
..
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01 November 2000
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124 - 01 November 2000
Homeworker policy from SVB
Responding to estimates of 625,000 people now working from home, SVB Underwriting Services has launched a package for professionals working at home, as consultants or running small business service companies. This includes not only building and..
Online Published Date:
01 November 2000
Appeared in issue:
124 - 01 November 2000
Crowe syndicate reorganisation
Two Crowe syndicates (aviation 53 and marine excess-of-loss 1121) are to go into runoff at the end of the year. The capacity of the two remaining syndicates will be increased.
Professional indemnity and medical malpractice syndicate 1204, launched..
Online Published Date:
01 November 2000
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124 - 01 November 2000
Claims Direct forecast
Claims Direct’s first results since flotation are expected to be well ahead of earlier expectations due to a marked increase in caseload. Taking 4,000 claims monthly in July, this had rise to 5,000 by September, representing about 15% of..
Online Published Date:
01 November 2000
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124 - 01 November 2000
The Underwriter to increase capacity
UK insurance company The Underwriter has won approval of the Financial Services Authority (FSA) to increase capacity for writing all classes of general business, one year after startup, with backing from Morgan Stanley and others.
The Underwriter..
Online Published Date:
01 November 2000
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124 - 01 November 2000
French PI crisis
A white paper has been produced by the French insurance industry as a basis for legislation to end the current crisis in professional liability insurance.
A number of major insurers have withdrawn from certain lines and some professionals,..
Online Published Date:
01 November 2000
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124 - 01 November 2000
Act unfair to IT industry
The Computing Services & Software Association claims the Unfair Contract Terms Act is particularly unfair to its industry. It seeks a change so that liability limits can only be set aside where negotiations are shown to have been unfair, rather..
Online Published Date:
01 November 2000
Appeared in issue:
124 - 01 November 2000
Federal e-signature law
Effective from the start of October this year, e-signatures on US documents will carry the same legal standing as conventional signatures.
Among its provisions, it will protect brokers and agents from liability arising therefrom. There had been..
Online Published Date:
01 November 2000
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124 - 01 November 2000
Online human rights lines
Four online service lines have been launched, responding to the implementation of the Human Rights Act and the Armed Forces Discipline Act.
Butterworths LEXIS has produced Human Rights Direct as a one-stop reference point at..
Online Published Date:
01 November 2000
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124 - 01 November 2000
Not only private pension problems
The Public Accounts Committee has criticised the Department of Social Security (DSS) for carrying out ‘virtually no publicity’ to changes in the state earnings-related pension scheme (SERPS), enacted in 1986 and due for operation earlier..
Online Published Date:
01 November 2000
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124 - 01 November 2000
Equitable Life’s ‘bad advice’
‘Inadequate advice’ on pension affairs to recruitment company director Brian Ingram allegedly cost him £350,000. This was through switch of plan, bringing it under new regulations. After initial denial by Equitable and an eight-year..
Online Published Date:
01 November 2000
Appeared in issue:
124 - 01 November 2000
FSA not to review endowment sales
The Financial Services Authority (FSA) has decided there was no systematic misselling of endowment mortgages in the 1980s and that an industry-wide review would be neither justified nor cost-effective, costing an ‘awful lot of money without..
Online Published Date:
01 November 2000
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124 - 01 November 2000
‘Scam’ cover questioned
Zurich, responding to a potential scam, is ‘reserving their position and investigating certain aspects of the arrangement of cover which may lead to them denying liability under the policy.’
This is in relation to the disappearance of..
Online Published Date:
01 November 2000
Appeared in issue:
124 - 01 November 2000
Attorney General v Blake
The insurance world does not often enter the murky world of espionage, but Mark Lewis of Field Fisher Waterhouse finds that a recent judgment in the House of Lords has important implications for breach of contract cases.
From now on, claims for..
Online Published Date:
01 November 2000
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124 - 01 November 2000
Lack of dangerous goods advisers
John Lowe, senior officer at the UK’s Fire Service College, warns that many transport companies have ignored the new dangerous goods legislation (operative from the start of this year).
While the Health & Safety Executive (HSE) estimated..
Online Published Date:
01 November 2000
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124 - 01 November 2000
Disregard cannabis
No, not a personal anti-Widdecombe statement by the editor. A new draft code from the Data Protection Commissioner warns the many companies that test employees for the presence of drugs that they should disregard findings unless they have a..
Online Published Date:
01 November 2000
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124 - 01 November 2000
Employees’ guide to rights at work
A broad guide to workers’ rights – from job application to dismissal, with discrimination, family matters, and other interim problem areas covered – has been produced by the Trades Union Congress (TUC). Not a barrack-room..
Online Published Date:
01 November 2000
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124 - 01 November 2000
Unison fights smoking ban
Giant trade union Unison is to take tribunal action against the London local authority of Tower Hamlets. This is in respect of its new policy of allowing workers only two smoking breaks a day of a maximum of 15 minutes, that is two-and-a-half hours..
Online Published Date:
01 November 2000
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124 - 01 November 2000
E-monitoring at work
From 24 October employers are allowed ‘routine access’ to their employees’ emails and phone calls to see if they are work related; the workers’ permission is not required. Introducing the draft regulations, minister..
Online Published Date:
01 November 2000
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124 - 01 November 2000
Megaruss space cover
Megaruss has insured the launch of a Globus communications satellite for US$342.5mn, the launch complex at Baikonur for US$40mn, carrier rocket for US$2.5mn and US$300mn for third-party liability as required by the international convention of 1972...
Online Published Date:
01 November 2000
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124 - 01 November 2000
VEStA insures US$1bn space launch risks
In the first half of this year, East-European Insurance Agency (VEStA) provided almost US$1bn in coverage for satellite launch risks. Of the nine policies issued, the bulk of coverage was in respect of civil liabilities to third parties in the..
Online Published Date:
01 November 2000
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124 - 01 November 2000
SOGAZ pays for satellite loss
Gas industry insurance company SOGAZ has paid US$50.5mn to Gazkom following the loss – at launch – of a Yamal-100 satellite. The insurance agreement was set up to cover the more dangerous moments of the Yamal project, particularly..
Online Published Date:
01 November 2000
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124 - 01 November 2000
Russian airport retains third-party risks
The Sheremetyevo airport refuelling company has taken out US$500mn insurance with Russian Insurance Center (RIC) in order to meet international requirements on risks linked to the functioning of Russia’s biggest airport. However, according to..
Online Published Date:
01 November 2000
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124 - 01 November 2000
737 rudder modifications
A further investigation by the US National Transportation Safety Board (NTSB) – after initial modification of hydraulic power rudder controls, implicated in 1994 USAir crash – leads to plans for further reengineering of rudder controls..
Online Published Date:
01 November 2000
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124 - 01 November 2000
Insurers pay US$36mn to Gulf Air
..
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01 November 2000
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124 - 01 November 2000
Alaska Airlines accepts court awards
Attorneys for Alaska Airlines have assured a San Francisco court that they will not contest awards to the families of 88 crash victims. Flight 261 crashed off the coast of California in January of this year. Investigators have questioned the..
Online Published Date:
01 November 2000
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124 - 01 November 2000
Thai Airways pays family of student
Thai Airways, having admitted liability without admission of negligence, has compensated the families of 20 Japanese victims of the 1992 Airbus A310 crash to a total of ¥4.3bn. However, the father of a 17-year-old student sought ¥100mn,..
Online Published Date:
01 November 2000
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124 - 01 November 2000
Concorde developments
Air France and insurance consortium Réunion Aérienne have filed suit against Texas-based Continental Airlines in Pontoise commercial court, the district where the crash occurred.
Air France avert that the civil aviation legal code lays..
Online Published Date:
01 November 2000
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124 - 01 November 2000
Oil pollution damage fund to close
The International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damages, dating from 1971, is to be wound up on the agreement of 24 of the 40 participating states and in the light of the expressed..
Online Published Date:
01 November 2000
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124 - 01 November 2000
Oil rig decommissioning guidelines
The Department of Trade & Industry (DTI) has issued guidelines on the decommissioning of offshore oil and gas installations. This makes the UK the first nation to take substantive steps towards implementation of the OSPAR Convention, covering..
Online Published Date:
01 November 2000
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124 - 01 November 2000
Fire rules for passenger ships
New regulations for passenger ships capable of carrying 36 or more passengers and built before 1994, produced by the International Maritime Organisation in the aftermath of the Scandinavian Star
fire, came into force in October this year. Part of..
Online Published Date:
01 November 2000
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124 - 01 November 2000
Exxon appeal rejected
The US Supreme Court has rejected an appeal by Exxon Mobil Corp against the US$5bn punitive damages awarded in a civil action brought by Alaskan fishermen and others following the 1989 oil spill. The appeal had cited the alleged misconduct of a..
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01 November 2000
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124 - 01 November 2000
Ship safety detentions
A survey of detentions of substandard ships, carried out by Norwegian class society Det Norske Veritas (DNV), showed wide disparities between the standards of certification societies.
Ranging in the ‘big six’ from an 8% detention rate..
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01 November 2000
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124 - 01 November 2000
Erika: Malta blames corrosion
A report by the Maltese Maritime Authority found corrosion had been a significant factor in the sinking of the Maltese-registered tanker Erika
off France last December.
Overall, the report saw the loss as the result of several interacting factors,..
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01 November 2000
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124 - 01 November 2000
Marchioness inquiry after 11 years
The public inquiry, resisted by the Department of Trade (DoT) for years despite campaigning by survivors and relatives of the 51 dead until overridden by John Prescott, has opened. The Thames collision of pleasure boat and dredger was subject to a..
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01 November 2000
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124 - 01 November 2000
Human rights and the environment
The right to family life was successfully invoked in a Spanish court by López Ostra, seeking a check on pollution from a local tannery.
While such rights are not absolute, breachable in circumstances of the greater good, the Spanish approach..
Online Published Date:
01 November 2000
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124 - 01 November 2000
Traffic fumes
No direct insurance implications – as yet. Analysis of data from Austria, France and Switzerland by an international team led by Dr Nino Kunzli of the University of Basel, published in The Lancet
of September 2000, indicates that traffic..
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01 November 2000
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124 - 01 November 2000
Power line study
A study – as yet incomplete and unpublished – by Drs Alan Preece and David Henshaw of Bristol University has found evidence on the damaging effect of power lines. Interim findings were presented at the recent Bio-electromagnetics Society..
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01 November 2000
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124 - 01 November 2000
Owens-Corning seeks Chapter 11 protection
An unexpected move by Owens-Corning, after two years’ work on the settlement scheme based on payments of US$2.4bn over five years to settle asbestos claims, is the filing for voluntary bankruptcy court protection (‘Chapter 11’)...
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01 November 2000
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124 - 01 November 2000
Family sues gun vendors
The family of Florida teacher, Barry Brunow, who was shot at work allegedly by a student, has filed suit in Palm Beach county circuit court against the distributor and dealer of the gun used in the killing. His widow and two young children name..
Online Published Date:
01 November 2000
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124 - 01 November 2000
Toxic mould
Toxic mould could be the next big claims issue, according to an article by Sylvia Hsieh in Lawyers Weekly USA
of 2 October 2000. Ms Hsieh explains what it is and how it occurs in buildings, while noting that personal injury, workers’..
Online Published Date:
01 November 2000
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124 - 01 November 2000
Aetna settles, but more claims loom
Leading US health insurer Aetna has come to a US$82.5mn settlement of the claims of a group of disgruntled investors who bought shares during part of 1997. The investors alleged they were misled, particularly regarding the state of medical claim..
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01 November 2000
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124 - 01 November 2000
Tobacco update
EU directive to restrict tobacco advertising unlawful,
on challenge by Big Tobacco before the EU Court of Justice. Introduced under the EU’s single market legislation (on majority vote), it should have been brought as a health and safety..
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01 November 2000
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124 - 01 November 2000
BSE, CJD and OPs
‘Proof of legal liability’ required
before payment of compensation to victims of vCJD, according to a leaked Whitehall memo. This warned that acceptance of the findings of the BSE inquiry raised the risk of ‘unforeseeably large..
Online Published Date:
01 November 2000
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124 - 01 November 2000
Further fen-phen settlement
..
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01 November 2000
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124 - 01 November 2000
Complaints push GMC to reorganisation
With complaints rising to a predicted 4,300 this year, against 3,000 in 1999, a number of scandals in which the General Medical Council (GMC) has been slow to react, and the British Medical Association’s vote of no confidence, the GMC has..
Online Published Date:
01 November 2000
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124 - 01 November 2000
More road recalls
PSA Peugeot Citroën is recalling 40,000 of the 206 model worldwide, due to risk of spontaneous inflation of airbags. This is a precautionary measure. The German press has reported 27 incidents in Germany and another 33 worldwide; there is no..
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01 November 2000
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124 - 01 November 2000
Firestone/Ford rolls on
A minor comfort to drivers, insurance regulators in Mississippi, Louisiana, Maryland and Kansas are instructing motor insurers not to raise premiums where an accident has been caused by faulty tyres.
With the total of tyre-linked deaths reported to..
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01 November 2000
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124 - 01 November 2000
Greenpeace not guilty
Twenty-eight Greenpeace protesters, cleared of theft at an earlier hearing, were acquitted of causing criminal damage by destroying a crop of genetically-modified maize. Norwich crown court accepted their argument that they were acting under..
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01 November 2000
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124 - 01 November 2000
Taco Bell GM corn?
Food manufacturer Kraft has made a major recall of products sold under the Taco Bell brand name, following tests by the US Environmental Protection Agency that found they contained a strain of bioengineered corn not approved for human consumption...
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01 November 2000
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124 - 01 November 2000
GM food labelling
Australia and New Zealand have agreed strict new regulations on labelling foodstuffs containing genetically-modified ingredients, expected to be brought into operation during 2001.
Health ministers and the Food Standards Council agreed that almost..
Online Published Date:
01 November 2000
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124 - 01 November 2000
Pesticide residues
The government’s Working Party on Pesticide Residues found 27% of food samples, tested in 1999, carried residues of pesticides, two presenting serious health risks. Almost half of fresh fruit and vegetables were affected. As a result, the..
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01 November 2000
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124 - 01 November 2000
Toxic sunscreen?
A study by Norwegian scientists on mice shows the main filtering chemical in many sun lotions – octyl methoxycinnamate (OMC) – may become toxic when exposed to sunlight. A report in New Scientist
of 5 October 2000 suggests this may also..
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01 November 2000
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124 - 01 November 2000
Road deaths update
The latest Europe-wide statistics show a downward trend in fatalities in 1999, but an increase in injuries. Of 16 European countries covered, nine reported a fall in the number of deaths and seven an increase. The most dangerous roads continue to be..
Online Published Date:
01 November 2000
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124 - 01 November 2000
Human rights
The effects of the Human Rights Act still in the realms of speculation, and insurers do have legitimate areas of concern. Writing in Insurance Day
of 4 October, Philip Tracey, insurance litigation partner with Beachcroft Wansbroughs, highlights..
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01 November 2000
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124 - 01 November 2000
Irish sporting injuries
The Gaelic Athletic Association (GAA), Ireland’s largest sporting organisation, is dealing with almost 5,000 claims from injured players – less than satisfactorily, according to the Galway Circuit Court.
Officials have been asked to..
Online Published Date:
01 November 2000
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124 - 01 November 2000
Stroke suffered on flight
An Oklahoman widow, Mary McCaskey, has filed suit in Texas and Oklahoma seeking compensation of more than US$50mn (US$4.6mn actual damages and US$45.8mn punitive) from Continental Airlines.
Continental chairman and chief executive Gordon Bethune,..
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01 November 2000
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124 - 01 November 2000
Policemen claim for brick injury
Two former policemen, John Robinson and Michael Mohon, seek damages against Northumbria Police for injuries suffered when a youth threw a brick through the windscreen of their patrol car. Neither has been able to continue work in the police force:..
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01 November 2000
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124 - 01 November 2000
First multiparty action under Consumer Protection Act
A claim for damages from 112 people, infected with hepatitis C through blood transfusion, blood products or organ transplant, has commenced in the High Court. The claims are brought against the National Blood Authority (in England) and Velindre NHS..
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01 November 2000
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124 - 01 November 2000
Matrix Churchill challenge
Former directors of Matrix Churchill (charged with illegal export of machine tools to Iraq; the case collapsed when evidence appeared showing official complicity) are citing the Human Rights Act to challenge the Home Office compensation decision:..
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01 November 2000
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124 - 01 November 2000
Hamming it up
A flurry of media attention has suggested the recent £20mn outbreak of swine fever in East Anglia was started by a discarded or fed-to-pig ham sandwich – presumably by that bane of the farmer, the townee rambler.
Amazingly detailed..
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01 November 2000
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124 - 01 November 2000