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

Equitas in $300mn asbestos deal

Equitas is reported to have reached a deal with six US industrial concerns to settle workers’ asbestos claims for a total of $300mn. The payments include $137mn to Kaiser Aluminum, $33mn to the Crane Co. engineering group,..

Online Published Date: 01 September 2005

Appeared in issue: 181 - 01 September 2005

Premiums down versus airline fleet values

Liability premiums are going down in relation to airline fleet values, according to research from Aon’s Aviation Consultancy & Reinsurance Services (ACRS). Average fleet values in 2005 show an increase of around 5% compared to 2004,..

Online Published Date: 01 September 2005

Appeared in issue: 181 - 01 September 2005

Accountants’ and Auditors’ sector report from Willis

Willis has reported that average rate reductions in the accountants’ and auditors’ sector now appear greater on the excess layers whilst the most extreme examples of premium saving are clearly seen in some of the smaller firms switching..

Online Published Date: 01 September 2005

Appeared in issue: 181 - 01 September 2005

US D&O Midyear 2005 update from Willis

Willis has produced its “Midyear 2005 Executive Risks Update” which reports on Directors & Officers Liability in the US. “Many in corporate boardrooms were stunned in the first half of 2005 by the twin settlements from WorldCom..

Online Published Date: 01 September 2005

Appeared in issue: 181 - 01 September 2005

PI Direct to handle claims for Hiscox

Hiscox Insurance Company has appointed PI Direct to undertake the claims handling and litigation on a proportion of its book. PI Directs model centres on using in-house specialist solicitors, legal executives and claims handlers to settle claims. To..

Online Published Date: 01 September 2005

Appeared in issue: 181 - 01 September 2005

No compensation for happy people

Compensation awards are often cut at Appeal, notably in the US where juries tend to go a bit bonkers with the “punitive damages” element of awards. Take, for example, a recent case quoted in Liability, Risk and Insurance, in which a..

Online Published Date: 01 September 2005

Appeared in issue: 181 - 01 September 2005

Monthly quota

“A small but high profile firm of solicitors in Liverpool (where overheads are considerably less than London) lodged a bill for assessment by the Court (duly certified by the partner in accordance with Court Rules), which claimed costs of no..

Online Published Date: 01 September 2005

Appeared in issue: 181 - 01 September 2005

The Changing Shape of FSA Regulation: Implications for Directors and Officers

By Simon Robert-Tissot and Francis Kean, Barlow Lyde & Gilbert.

Online Published Date: 01 September 2005

Appeared in issue: 181 - 01 September 2005

Government presses on with simplification of CFAs

The simplification of conditional fee regulations (CFAs) announced by the Department for Constitutional Affairs (DCA) will benefit consumers, businesses, insurers, courts and lawyers, says the DCA. The removal of unnecessary regulation will apply to..

Online Published Date: 01 September 2005

Appeared in issue: 181 - 01 September 2005

Health & safety not primarily driven by insurance

A new study from the Institution of Occupational Safety and Health (IOSH) has revealed that improvements in health and safety are not primarily driven by insurance concerns. The Value of Health and Safety Report 2005, which surveyed health and..

Online Published Date: 01 September 2005

Appeared in issue: 181 - 01 September 2005

Europe/Middle East insurance market report from Marsh

Marsh has published its latest Europe/Middle East insurance market report covering January to June 2005.The report says that the General Casualty market continued to see premium reductions. Premium increases only occurred in two countries: Bulgaria..

Online Published Date: 01 September 2005

Appeared in issue: 181 - 01 September 2005

Cleaning link to slips and trips at work

The Health and Safety Laboratory (HSL) has produced a report, “The Efficacy of Cleaning Regimes,” which looks at the cleaning and the link with slips and trips at work. It reveals that slips and trips are the most common cause of major..

Online Published Date: 01 September 2005

Appeared in issue: 181 - 01 September 2005

VWF claimants can get refund of legal aid costs

The Government has announced that miners who developed vibration white finger or lung disease as a consequence of their employment are entitled to a refund of any contributions they have made towards legal aid costs if their claims are covered by..

Online Published Date: 01 September 2005

Appeared in issue: 181 - 01 September 2005

Employers may have to face up to siestas in future

Siestas will become an increasingly common part of British life as summers get hotter and drier due to climate change. This is according to a leading authority on the health hazards of heat quoted in an article in the Daily Telegraph. The article..

Online Published Date: 01 September 2005

Appeared in issue: 181 - 01 September 2005

Safety victimisation tribunal cases

Workers are winning tribunals for safety victimisation at a rate of one a week, according to the TUC magazine “Hazards.” Latest government figures, obtained by Hazards, show 49 workers won employment tribunals in 2004/5 in a category..

Online Published Date: 01 September 2005

Appeared in issue: 181 - 01 September 2005

Working long hours means more injury or illness

A study by the University of Massachusetts has found that employees who do overtime are 61% more likely to suffer an injury or become ill. Employees who work more than 12 hours a day increased the risk of injury or illness by more than a third,..

Online Published Date: 01 September 2005

Appeared in issue: 181 - 01 September 2005

Occupational asthma on the increase

A report in the American Journal of Respiratory and Critical Care Medicine says that occupational asthma accounts for 9% to 15% of all adult asthma cases. It says that occupational asthma has become one of the most common forms of occupational lung..

Online Published Date: 01 September 2005

Appeared in issue: 181 - 01 September 2005

New statistics on work-related ill health

The Health and Safety Executive (HSE) has published new statistics on work-related ill health in Great Britain. For the first time these identify the contributing factors recorded by specialist doctors involved in cases of musculoskeletal disorders..

Online Published Date: 01 September 2005

Appeared in issue: 181 - 01 September 2005

Personal protective equipment guidance published

A revised version of guidance designed to help employers who supply and use personal protective equipment (PPE) at work meet their duties under the law has been published by the Health and Safety Executive (HSE). The guidance, Personal Protective..

Online Published Date: 01 September 2005

Appeared in issue: 181 - 01 September 2005

APIL calls for injury reporting points system

Companies failing to report workplace injuries should be on the receiving end of a quicker, stricter punishment system, according to the Association of Personal Injury Lawyers (APIL). Responding to the HSE consultation review of RIDDOR, APIL says..

Online Published Date: 01 September 2005

Appeared in issue: 181 - 01 September 2005

CWU calls for major RIDDOR changes

Communication union CWU has responded to the Health and Safety Commission’s review of “RIDDOR” (the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations) by calling for major changes and a clamp down on employers..

Online Published Date: 01 September 2005

Appeared in issue: 181 - 01 September 2005

TUC warns over prolonged standing at work

Up to 11mn UK workers could face serious health problems from prolonged standing at work according to a new report from the TUC, “Standing problem”, which appears in the latest edition of the TUC-backed health and safety magazine..

Online Published Date: 01 September 2005

Appeared in issue: 181 - 01 September 2005

UN civil aviation agency calls for safety improvements

The United Nations civil aviation agency has called on its 188 contracting States to “eliminate remaining deficiencies in the global air transport system” after one of the worst months in aviation history. The agency said that some of..

Online Published Date: 01 September 2005

Appeared in issue: 181 - 01 September 2005

August sees number of major air crashes

The aviation market has seen a period of a relatively low level of losses, but this ended in August with a number of major crashes. The first was the Air France Airbus A340-313 crash which landed in bad weather at Toronto Pearson airport. There were..

Online Published Date: 01 September 2005

Appeared in issue: 181 - 01 September 2005

Higher exposures from cruiseships says AM Best

Higher exposures from the growing size of passenger and cruiseships will place a “strain” on the technical results of protection and indemnity (P&I) clubs, according to ratings agency AM Best. Liability exposures for members of the..

Online Published Date: 01 September 2005

Appeared in issue: 181 - 01 September 2005

P&I club report from AM Best

P&I mutuals are expected to increase their liability premiums at next February’s renewals by the same amount as this year, according to a report from rating agency AM Best. Although two clubs applied no increase in 2005, this was thought..

Online Published Date: 01 September 2005

Appeared in issue: 181 - 01 September 2005

BOC facing welding fume claims

UK group BOC is facing a very large number of US lawsuits over the health effects of welding fumes. A US subsidiary of BOC currently is a party to a number of cases in the US alleging neurological injury through exposure to manganese in welding..

Online Published Date: 01 September 2005

Appeared in issue: 181 - 01 September 2005

Large fall in tort trials in US district courts

The number of tort trials concluded in US district courts declined by nearly 80% - from 3,600 trials in 1985 to fewer than 800 trials in 2003, according to the Department of Justice’s Bureau of Justice Statistics (BJS). Approximately nine out..

Online Published Date: 01 September 2005

Appeared in issue: 181 - 01 September 2005

Legal change expected for mesothelioma claims

A claim for damages following the death of an ex-employee from mesothelioma was settled by the insurer, but it then attempted to postpone payment of the £82,000 compensation in order to take advantage of a change in the law expected to come..

Online Published Date: 01 September 2005

Appeared in issue: 181 - 01 September 2005

ASH warns hospitality trade of legal action

The hospitality trade faces an ever rising threat of legal action from employees whose health is damaged by secondhand smoke, Action on Smoking and Health has warned in a registered legal letter to all the major hospitality trade employers. The..

Online Published Date: 01 September 2005

Appeared in issue: 181 - 01 September 2005

French workers exposed to carcinogen products

Around 13.5% of workers in France were exposed to carcinogen products in 2003, according to the SUMER survey 2003. In 2003, about 2.37mn people were exposed in France, with young workers and temporary agency workers more exposed to carcinogens than..

Online Published Date: 01 September 2005

Appeared in issue: 181 - 01 September 2005

Pacemakers recalled after potential to malfunction revealed

The Medicines and Healthcare products Regulatory Agency (MHRA) has revealed that certain pacemakers manufactured by Guidant have the potential to malfunction due to failure of a hermetic sealing component within the casing, adjacent to the lead..

Online Published Date: 01 September 2005

Appeared in issue: 181 - 01 September 2005

Group action in faulty artificial hip component claims

Anyone who has an artificial hip and has suffered as a result of faulty Hylamer components made by DePuy, will have to make their legal claim as part of a group, according to Leigh, Day & Co, the lead solicitors in the group action The High..

Online Published Date: 01 September 2005

Appeared in issue: 181 - 01 September 2005

Product liability Sharp increase in European product recalls

The number of European recalls of dangerous or faulty consumer goods has increased sharply over the past 12 months, according to the latest European Commission figures. Since the introduction of the General Product Safety Directive (GPSD) at the..

Online Published Date: 01 September 2005

Appeared in issue: 181 - 01 September 2005

UK chickens contaminated with superbugs

Significant numbers of chickens on sale in UK shops are contaminated with superbugs, according to a scientific survey commissioned by BBC One’s Real Story. Of the British-grown chickens analysed, over half were contaminated with multi-drug..

Online Published Date: 01 September 2005

Appeared in issue: 181 - 01 September 2005

Increased risk of tinnitus from MP3 players

Researchers at Sydney’s National Acoustic Laboratories have reported that owners of MP3 players and personal stereos face increased risks of tinnitus and other hearing problems. The charity RNID says it is concerned at the findings and said..

Online Published Date: 01 September 2005

Appeared in issue: 181 - 01 September 2005

Anti-depressant link to birth defects

Research by Danish and US scientists has found that the use of SSRIs, or Selective Serotonin Re-uptake Inhibitors, in the first three months of pregnancy was linked to a 40% increased risk of birth defects such as cleft palate, and a 60% increased..

Online Published Date: 01 September 2005

Appeared in issue: 181 - 01 September 2005

Job risk of Alzheimer’s and Parkinson’s disease

A number of jobs could carry a heightened risk of degenerative brain diseases, including Alzheimer’s and Parkinson’s, according to a study of more than 2.6mn US death records. The researchers from the US government’s occupational..

Online Published Date: 01 September 2005

Appeared in issue: 181 - 01 September 2005

Cancer risk for workers exposed to PAHs

Occupational exposure to polycyclic aromatic hydrocarbons (PAH) markedly increases the risk of developing laryngeal cancer, according to new research. PAHs are tiny particles of soot found in diesel exhaust and other combustion products. The study,..

Online Published Date: 01 September 2005

Appeared in issue: 181 - 01 September 2005

No adverse effect of childhood vaccination

A Danish study that examined the possibility of an adverse effect of childhood vaccination on non-targeted infectious diseases, has found no evidence of an adverse effect of childhood vaccination. In a large nationwide study published in the Journal..

Online Published Date: 01 September 2005

Appeared in issue: 181 - 01 September 2005

Child cancer link to oil based combustion emissions

Children living within 1 km of bus stations, hospitals, heavy transport centres, railways, and oil installations face excessive cancer risks, according to a report in the Journal of Epidemiology and Community Health. The report, entitled “Oil..

Online Published Date: 01 September 2005

Appeared in issue: 181 - 01 September 2005

No substantial cancer risk from mobile phones

Scientists from The Institute of Cancer Research have published results from the largest investigation to date into the relationship between mobile phone use and the risk of acoustic neuroma, a nervous system tumour that occurs close to where mobile..

Online Published Date: 01 September 2005

Appeared in issue: 181 - 01 September 2005

Small employers show increased awareness of DDA

Awareness of the Disability Discrimination Act (DDA) has increased among small employers according to new research published by the Department for Work and Pensions. According to the DWP, the research found that total awareness of DDA has risen..

Online Published Date: 01 September 2005

Appeared in issue: 181 - 01 September 2005

Unintentional injury depictions in kids’ TV shows

New research suggests that a lack of accurate injury depictions in children’s television programs may encourage children to engage in risk taking behaviours, as they may not be able to understand the real life consequences of their..

Online Published Date: 01 September 2005

Appeared in issue: 181 - 01 September 2005

Assessing value of loss of a chance

Two farmers purchased a herd of goats, but these later became infected. The seller pursued a claim for the unpaid balance of the purchase price, and the farmers counterclaimed for breach of contract. However, the counterclaim was struck out because..

Online Published Date: 01 September 2005

Appeared in issue: 181 - 01 September 2005

Reasonable employer is entitled to change working practices

A reasonable and fair employer was entitled to change his work practices despite the fact that that interfered with a employee’s right to manifest his religion. The Court of Appeal so held in a reserved judgment dismissing the appeal of the..

Online Published Date: 01 September 2005

Appeared in issue: 181 - 01 September 2005

Observing professional has duty of care

A vet who had been instructed to observe another vet carry out a treatment on a horse was under a duty to take reasonable steps to clarify and seek an understanding of what drugs were being administered and in failing to do so he had breached the..

Online Published Date: 01 September 2005

Appeared in issue: 181 - 01 September 2005

No victimisation in employer’s approach to staff in dispute

An employer who acted honestly and reasonably to protect its interests in equal pay litigation brought against it by its employees, by trying to persuade them to settle those proceedings, did not discriminate against them by way of victimisation...

Online Published Date: 01 September 2005

Appeared in issue: 181 - 01 September 2005

Employment tribunal not apt for unselected political candidate

A political party selecting candidates for public office was not acting as a qualifying body within section 12 of the Race Relations Act 1976 and therefore the correct forum for a compliant under that Act was the county court and not an employment..

Online Published Date: 01 September 2005

Appeared in issue: 181 - 01 September 2005

Apportionment of liability and “blameworthiness”

A developer sued a firm of mechanical and engineering consultants for the costs of rectifying a problem with draughts caused by automatic doors. The consultants added the architect firm as a Part 20 Defendant. Before trial, the consultants settled..

Online Published Date: 01 September 2005

Appeared in issue: 181 - 01 September 2005

Contribution possibility does not absolve tortfeasor

If there had been two tortfeasors who were responsible for the same damage, one could have a claim for contribution against the other but that did not absolve an original tortfeasor from his liability to the injured claimant. The judge so held when..

Online Published Date: 01 September 2005

Appeared in issue: 181 - 01 September 2005

Part 36 offers and payments into court

The Court of Appeal gave detailed judgment on the law relating to Part 36 offers and payments into court. The crucial step for the defendant was the offer and this must be couched in clear terms. A Part 36 offer could not be regarded as a precise..

Online Published Date: 01 September 2005

Appeared in issue: 181 - 01 September 2005

$40mn sex discrimination claim fund distributed

The US Equal Employment Opportunity Commission (EEOC) has announced that a $40mn sex discrimination claim fund – which was established following the $54mn landmark settlement last year with Morgan Stanley – will be distributed to..

Online Published Date: 01 September 2005

Appeared in issue: 181 - 01 September 2005

Nurse attacked by patient wins damages

A nurse has won damages of £17,013 after she sued the mental health NHS Trust where she worked. She had been attacked by a patient in a sustained assault. She is still an employee of the trust but suffers from post-traumatic stress disorder,..

Online Published Date: 01 September 2005

Appeared in issue: 181 - 01 September 2005

£128,000 for council heating engineer

A former fitter and heating engineer who has mesothelioma has received compensation of £128,000. The man worked for a city council and his job involved stripping asbestos from boilers and pipes. The council admitted it was negligent in failing..

Online Published Date: 01 September 2005

Appeared in issue: 181 - 01 September 2005

Damages for hospital asbestos dust victim

The Department of Health has paid damages of £175,000 to the family of a nurse who died after being exposed to asbestos dust at a hospital. She died from mesothelioma. The Department of Health was reported to have admitted liability for breach..

Online Published Date: 01 September 2005

Appeared in issue: 181 - 01 September 2005

Discrimination against part-time worker

A part-time payroll worker whose employer demanded she start working full time and refused to consider suitable flexible work options has been awarded £29,294 in damages by an employment tribunal. Her case was supported by the Equal..

Online Published Date: 01 September 2005

Appeared in issue: 181 - 01 September 2005

Suicide man was discriminated against says tribunal

An employment tribunal has awarded £15,000 in damages to the family of a tax employee who hanged himself while facing disciplinary action.The case was brought by his family against Her Majesty’s Revenue and Customs. It was supported by..

Online Published Date: 01 September 2005

Appeared in issue: 181 - 01 September 2005

£150,000 for teacher’s damaged vocal chords

Trade union NASUWT has won a settlement of £150,000 for a member after archaic working conditions left her with permanent damage to her vocal chords. The primary school teacher worked for three years in a Victorian classroom that had no..

Online Published Date: 01 September 2005

Appeared in issue: 181 - 01 September 2005

£150,000 for wood dust exposure

Trade union NASUWT has won just under £150,000 for one of its members who was forced to retire early after suffering from chronic work-related illness. The 52-year-old teacher had spent 21 years at his Nottinghamshire school as the head of Art,..

Online Published Date: 01 September 2005

Appeared in issue: 181 - 01 September 2005

Prisoner to sue over fork swallowing

The Scottish Prison Service is being sued by a former prisoner after he swallowed a plastic fork in jail. He alleges that prison wardens took too long to treat him. The man is to apply for legal aid, and his civil action seeking compensation has..

Online Published Date: 01 September 2005

Appeared in issue: 181 - 01 September 2005

Air pistol teacher to claim for unfair dismissal

Teachers union NASUWT has announced its intention to pursue an employment tribunal claim for unfair dismissal on behalf of Linda Walker, the teacher sacked for reacting to harassment and abuse by local youths. She was jailed for firing an air pistol..

Online Published Date: 01 September 2005

Appeared in issue: 181 - 01 September 2005

Holiday park owner sues over council error

A district council is being sued for up to £3mn in compensation by the owner of a holiday park in Devon. The holiday park was forced to close because of a planning error by the council. Six years ago the park had been granted full, long-term..

Online Published Date: 01 September 2005

Appeared in issue: 181 - 01 September 2005

Demoted pregnant worker wins discrimination case

A woman has won a sexual discrimination case after she was promoted, and then demoted after she became pregnant. The rail worker was initially promoted to duty manager, but was then returned to her old job as a personal assistant. She left the..

Online Published Date: 01 September 2005

Appeared in issue: 181 - 01 September 2005

Paedophile sues church over own abuse

The UK Catholic Church is being sued by a convicted paedophile. The man claims that he was abused as a 16 year old by a priest which left him sexually and mentally damaged, turning him into a paedophile.The police dropped an investigation into his..

Online Published Date: 01 September 2005

Appeared in issue: 181 - 01 September 2005

Man unfairly dismissed after persistent bullying

An employment tribunal has found that a man had been unfairly dismissed from his job at an NHS Trust. He had successfully pursued a civil case against the Trust in 2002, following persistent bullying and harassment by colleagues, but the harassment..

Online Published Date: 01 September 2005

Appeared in issue: 181 - 01 September 2005

Merck faces UK group action over Vioxx

US pharmaceutical giant Merck is to face group action from hundreds of UK-based Vioxx users. The group action is being co-ordinated by Leigh, Day & Co, Irwin Mitchell and Goodmans Solicitors. The firms are pursuing Vioxx claims on behalf of..

Online Published Date: 01 September 2005

Appeared in issue: 181 - 01 September 2005