Bermuda-based Allied World Assurance Company (AWAC) has doubled the limit for its qualifying renewals and prospective insureds from US$25mn to US$50mn. AWAC offers excess casualty clients flexible layering opportunities, and focuses on placements for moderate..
Chubb has launched a new insurance policy designed to protect financial institutions from exposure to e-commerce liabilities, such as trademark infringement, defamation and security breaches.
The policy, ‘CyberSecurity by Chubb Liability Insurance for Financial Institutions’ is..
General Electric has reported that the cost of its directors’ & officers’ insurance policy has increased dramatically by nearly 390%. The cost of the policy is now US$22.1mn a year compared with just US$5.8mn a..
Another asbestos settlement, this time between Royal & SunAlliance (RSA) and Cape, a building materials and insulation company. Cape had sued RSA over payment of claims brought by former employees of Andersons Insulation, a company..
The review of employers’ liability insurance currently being conducted by the Department of Work & Pensions is attracting more and more calls for radical reform of the system.
The latest call comes from an important and..
Planning investments and managing portfolios in an uncertain climate
28–29 April 2003 • London
With the present uncertainty of the global geo-political and economic climate, companies in the energy sector face increasing challenges. IBC’s forthcoming event will..
9–11 April 2003 • Queens’ College Cambridge A look at how the market is developing in the current ‘favourable’ environment and examination of some recent and forthcoming developments and their impact on specific professions.
A judge has ordered that conditional fee agreements and risk assessments should be disclosed to defendant insurers. In the case, the claimant refused to disclose the details, claiming that the documents were privileged.
The defendant solicitors,..
Lord Irvine, the Lord Chancellor, has announced a new, unified Tribunals Service, representing the biggest change to the tribunal system in over 40 years. A forthcoming White Paper will set out the proposals which will..
US employers spend an average of US$2.45 for every US$1000 of revenues on insurance and other measures to manage their casualty risks. This is from a major report and survey by Marsh covering auto, workers..
Standard & Poor’s Ratings Services has warned that claims inflation on liability policies in the Danish non-life insurance market looks set to put short-term stress on some companies’ solvency levels.
Standard & Poor’s (S&P) has revised..
PI Direct has completed the buy-out of the minority interests of SVB and Brit. The company is now 100% owned by its management and staff. The management buyout was financed through bank borrowing from the..
Bodily injury claims costs in the UK have increased at nearly three times the rate of national average earnings, according to a new study by the International Underwriters Association (IUA) and the Association of British..
In its latest annual review of the insurance market, Heath Lambert says that underwriters are being more selective in the risks that they write, while buyers are being just as selective in their choice of..
WR Berkley Corporation is to form a new insurance company in the UK. The company is expected to be based in London and will specialise principally in writing domestic UK casualty risks. It is thought..
The Sentencing Advisory Panel has recommended a five year jail term for drivers who kill whilst using a mobile phone. The Panel said that death by dangerous driving should carry a custodial sentence of five..
A study in the March issue of The Journal of Experimental Psychology: Applied has suggested that hands-free cell phones cause just as much distraction as hand-held devices. The problem of inattention blindness in drivers using..
Surveyors could be facing a new wave of claims following a recent judgement which allowed the introduction of ‘hindsight’ evidence. The case involved a surveyor’s report which failed to spot structural defects due to movement.
The Higgs proposals have been predictably attacked for being too prescriptive. The Institute of Directors, chairman of leading companies, the CBI and others have slammed the proposals, in particular the extra powers for a senior..
A pilot research project has been launched to find new ways of helping sick workers keep their jobs. The Job Retention & Rehabilitation Pilot, funded by the Department for Work & Pensions in partnership with..
A report from the UK’s TUC has warned that few employers have alcohol policies in place to tackle problems arising from their employees’ drinking habits, despite the fact that people are drinking more than ever..
The Work Foundation has issued a warning to UK employers that they could be leaving themselves open to discrimination payouts of millions of pounds from job seekers by failing to monitor job applicants for race,..
The Health & Safety Executive has published new guidance on musculoskeletal disorders (MSD), such as backaches or repetitive strain injury (RSI) at work.
Advice on using laptops and working with a computer mouse is available in..
The Health & Safety Executive (HSE) has launched a new website with advice on how to reduce occupational asthma. The site is aimed at employers, safety representatives and health professionals.
It is part of the Health..
A number of villagers who claim to have suffered mental injuries after a plane crashed near their homes are seeking compensation. A Korean Airlines Boeing 747 crashed shortly after take off from Stansted Airport in..
The president of the American Salvage Association, and former president of the International Salvage Union (ISU), has condemned proposals to make salvage companies criminally liable for their role in marine environmental disasters.
Arnold Witte, president and..
An appeal court in California has upheld a ruling that San Diego county should not be indemnified for the costs incurred in an environmental clean-up by ACE Property & Casualty. The ruling held that the..
The Pentagon is seeking protection from US environmental legislation, and the Bush administration is believed to be proposing legislation to this effect, covering the Pentagon and some defence companies. In particular, there is concern over..
A number of US states have filed a lawsuit against the US Environmental Protection Agency (EPA) for failure to regulate carbon dioxide emissions from power plants. The lawsuit argues that the current policy on emissions..
Zurich American Insurance is being sued by Larry Silverstein because he claims the insurer is trying to avoid paying defence and liability costs for claims being brought against his company, World Trade Center (WTC) Properties..
Michael Cardozo, New York City’s corporation counsel, has warned that the city could be hit by settlement costs of around US$12bn from lawsuits being filed by the city’s firefighters following the September 11 terrorist attacks..
A survey of US employers has found that average workers’ compensation costs increased by 20% during 2001, rising to US$1.80 per US$100 of payroll from US$1.50 a year earlier.
The ‘2002 Survey of Employers’ Time-Off and..
The Korea Supply Company (KSC) is to sue US company Lockheed Martin for allegedly using sexual favours and bribes to win a South Korean defence contract. The case involves a subsidiary of Lockheed Martin which..
The US Equal Employment Opportunity Commission has revealed that charge filings alleging employment discrimination in the private sector increased by 4.5% in the year ended 30 September 2002.
The Commission resolved 95,222 private sector charge filings..
Newark, Camden and Jersey City have been given the go-ahead to file lawsuits seeking to hold gun manufacturers liable for health costs and other public expenses related to gun violence. The Appellate Division of the..
A settlement has been agreed between Great American Insurance, a subsidiary of American Financial Group, and bankrupt company AP Green Industries over asbestos-related litigation.
The insurer agreed to a US$123.5mn pre-tax settlement of asbestos-related litigation. American..
US oil group Halliburton has said that 75% of plaintiffs in asbestos-related lawsuits against its subsidiary DII Industries and DII’s Kellogg Brown & Root (KBR) unit have accepted the global US$4bn settlement proposed by Halliburton..
US senator Don Nickles has introduced legislation designed to stem the recent flood of asbestos-related lawsuits. The Nickles bill includes criteria to determine whether a claimant qualifies to file a suit. The bill delays the..
The US Supreme Court has ruled that the Federal Employers’ Liability Act does not ban lawsuits involving asbestosis sufferers who do not have any signs of asbestos-related cancer claiming for mental anguish.
The case, Norfolk &..
The TUC, the Chartered Institute of Environmental Health (CIEH) and Action on Smoking & Health (ASH) are calling on the government to accept the long-delayed Health & Safety Commission’s Approved Code of Practice, or ACoP,..
The UK’s Tobacco Advertising & Promotion Act came into effect on 14 February, and all tobacco advertising is now banned. This includes adverts in newspapers and magazines, and on billboards and on the Internet. It..
The US Justice Department has revealed that its lawsuit against the tobacco industry for the alleged fraudulent marketing of cigarettes aims to recover US$289bn. The companies involved, Philip Morris, Brown & Williamson, Lorillard, RJ Reynolds..
A study has found for the first time that electromagnetic fields (EMFs) emitted by certain mobile phones damaged neurons in the brains of rats. The study, published in ‘Environmental Health Perspectives’, involved 12- to 26-week-old..
The Public Accounts Committee has criticised the government’s handling of the foot-and-mouth crisis, pointing to ‘inexcusable mistakes.’ The Committee said that the Department for the Environment, Food & Rural Affairs (Defra) made a serious misjudgement..
The hospital at the centre of a CJD scare has been cleared by an inquiry, which found that it had followed the correct procedures for using surgical instruments. The scare occurred when 24 patients were..
State television in Italy has reported that Italian researchers are developing a test to detect BSE in live animals which could speed up the diagnosis and avoid the mass slaughter of cattle. The test involves..
Research by a team of scientists from Imperial College, London may produce a vaccine against the human form of BSE. The scientists have discovered that monoclonal antibodies can neutralise rogue prion proteins in mice. These..
A study has suggested that peanut allergy may be triggered by the use of skin creams containing peanut oil. The study by Bristol University researchers, and published in the New England Journal of Medicine
A claim for more than £700,000 in damages, based on allegations of an unnecessary operation, has been thrown out by the Appeal Court. The man had a tracheotomy operation to deal with sleep apnoea, which..
A study by the University of Alberta has found that US surgeons are failing to adopt ‘double gloving’ as a precaution against exposure to blood and body fluids while operating. Double gloving is a safety..
The House of Representatives has passed a bill reforming the medical malpractice liability system in the US. In a particularly corny move, the bill is called the Help Efficient, Accessible, Low-Cost Timely Healthcare Act –..
The Health Service Ombudsman, Ann Abraham, has published a report, ‘NHS Funding for Long Term Care’, which has criticised a number of health authorities and trusts. The report contains the results of four investigations into..
The details of the mediated settlement in the Royal Liverpool Children’s Litigation have been announced. Just under £5mn is to be paid to the 1146 claimants who have accepted the settlement (the settlement was £5mn..
A whelk processing company denied right to recover loss of profits from the International Oil Pollution Fund 1971. A fishing ban to prevent health hazards resulting from a crude oil spill had been imposed. The..
An employment tribunal should decide whether an employee was involved in ‘time work’ or ‘unmeasured work’ when working out whether the minimum wage was being complied with. A care worker claimed to have done ‘time..
The British Army did not discriminate against its Nepalese soldiers in relation to pensions. The position of British servicemen and Gurkhas was not comparable, since British soldiers would generally retire to the UK, while Gurkhas..
Man who went for a midnight swim in Folkestone harbour, hit his head on a submerged object, broke his neck becoming tetraplegic, sued the harbour owner. Judge said claimant had contributed to the accident by..
Verbal notification that proceedings had commenced made by a claimant to an insurer in relation to a road traffic accident was valid, provided it was made to an appropriate person, which could include a legal..
Under a cost order, the whole premium paid for litigation protection insurance policies, where it included amounts other than the underwriting fee, could not be recovered. The amounts charged by the underwriters for the risk..
A teacher who was suspended for four years and then dismissed for allegedly acting in a sexually inappropriate way with some girl pupils, won statutory compensation for unfair dismissal. During the four years he developed..
In deciding the date at which a claimant began to suffer from a prescribed industrial disease, a social security commissioner’s decision was final. The claim was for disability benefit and reduced earnings benefit.
Whalley v Secretary..
A person receiving money that they knew had been obtained through a fraudulent misrepresentation was not necessarily a party to conspiracy to defraud, according to the law on the tort of conspiracy to injure. The..
Sex discrimination case dismissed on the grounds that the facts of the males involved were different to those of the female case and therefore they did not provide a valid comparison. Female chief inspector prevented..
A man whose wife was accidentally given sperm from a different man during in vitro fertilisation treatment could not have parental status when his wife gave birth. The judgement was based on the man having..
A mentally handicapped patient became pregnant whilst in a mixed hospital ward. The patient’s mother took over responsibility for the child. The patient sued the NHS Trust for the costs of looking after the child..
An asylum seeker whose application was initially refused as a result of an administrative error, and was then delayed for no apparent or good reason, was entitled to seek damages under the Human Rights Act..
Court of Appeal upheld the ruling of the Employment Appeal Tribunal that an employee had been unfairly dismissed and unlawfully discriminated against on the grounds of disability. The employee left work on sick leave because..
The House of Lords dismissed an appeal from a pupil (and his mother) relating to an attempt to get an injunction against two teaching unions to prevent them from taking industrial action. The issue involved..
An auditor’s duty to its client can include cases where the advice given to the client on its financial position was negligent, resulting in the client giving larger bonuses to shareholders and policyholders than it..
The claimant lodged a notice of appeal in an employment tribunal case, involving unfair dismissal, breach of contract, wrongful dismissal and disability discrimination, which was thrown out by the tribunal. But the claimant was declared..
A council officer’s enhanced pension as a result of a long service award was lawful on the condition that it reflected the officer’s continued worth as an employee, was made in order to attract staff,..
A prison clerk has been awarded £100,000 for stress after witnessing a training exercise by prison officers in which they held a colleague hostage. She believed it was an armed gang who threatened to kill..
Great Ormond Street Hospital has paid an undisclosed settlement to three brothers of a young girl who died after heart surgery at the hospital. The hospital had admitted responsibility for her death previously when paying..
A US hotel has settled an employment discrimination lawsuit for US$75,000. The suit was brought by a qualified deaf job applicant who was refused employment on the basis of her deafness. The deaf woman was..
Four women who filed sexual harassment complaints against the former president of an airline consulting firm in New York have been paid US$2.3mn in a settlement of the lawsuit. It was alleged that certain female..
A man sacked from an engineering company for regularly visiting gay saunas during the day has received £450,000 in damages for unfair dismissal. The man was fired from his £118,000 a year job as managing..
The US brewers of Budweiser, Anheuser-Busch, cannot use the name ‘Bud’ to describe their beer, as this is owned by state-owned Czech brewers, Budejovicky Budvar. This was the verdict of three law lords in a..
The Roman Catholic Diocese of Camden, New Jersey, is to pay US$880,000 to 23 plaintiffs, with payments averaging US$25,000 per person, in a settlement over charges that priests sexually abused young parishioners during the 1960s,..
DuPont has agreed to pay around US$77mn in a settlement to settle a 1995 shareholder class action lawsuit related to Benlate fungicide. The class action was brought by shareholders accusing the company of making misleading..
A major employee compensation claim has been settled out of court for an undisclosed amount. An investment banker at Lehman Brothers had claimed US$16.5mn in bonuses. He claimed that the bank reneged on a contract..
An employee with Crohn’s disease who was sacked by a waste management company has received a settlement of US$194,000 in full back wages and compensatory damages. The employee filed an employment discrimination lawsuit under the..
The families of those killed in the Hatfield rail crash are being forced to go to court to claim compensation because no offers of settlement have been forthcoming. Liability has reportedly been accepted by Railtrack..
The parents of Victoria Climbie are to sue the Metropolitan Police, three councils and two hospital trusts, over the murder of their daughter. She was killed through the abuse and neglect of her great-aunt and..
The use of private investigators by insurers who enter the premises of compensation claimants in disguise has been criticised by the lord chief justice, Lord Woolf. He said it was an invasion of privacy. A..
Over 1000 current and former employees of Progressive, a US motor insurer, have joined a federal class-action lawsuit. According to the lawsuit, Progressive allegedly denied overtime pay to claims representatives.
The US Equal Employment Opportunity Commission has filed an employment discrimination lawsuit under the Americans with Disabilities Act and the Civil Rights Act against a McDonald’s restaurant in Alabama.
The suit says that McDonald’s discriminated against..
Class Law is to challenge the civil immunity of Financial Services Authority (FSA) with an approach to the European Commission. The move is over the collapse of Independent Insurance. Class Law is leading a class..
Iceland, the frozen food company, has dropped a £12mn compensation claim against Guyana, one of the poorer nations in the world. The claim dates back to 1976 when the country nationalised a number of large..