The US Insurance Information Institute has produced a special report on silica liability. The report finds that while the number of deaths associated with silicosis continues to decline, the number of silica claims being filed..
Two thirds of organisations surveyed in the UK by Zurich Risk Services still have no plans in place to manage the risks associated with asbestos in the workplace, even though the same amount 66% stated..
The US research group RAND Institute for Civil Justice has said that asbestos has become the most expensive tort in US history. In a RAND study, it says that insurers and manufacturing companies have paid..
There has been considerable reaction to the article on the mesothelioma epidemic reported in the British Medical Journal.
The leader of Britain’s construction workers, George Brumwell, warned that the mesothelioma epidemic, reported in LRI last month,..
New research published in the journal Tobacco Control shows that designated “no-smoking” areas in the hospitality industry provide at best partial protection and at worst no protection at all against the damaging effects of second-hand..
Most Americans are not concerned about getting Mad Cow Disease, according to a new national study conducted by the Harvard School of Public Health.
The study, “Project on the Public and Biological Security,” found that less..
The Royal Society for the Prevention of Accidents (RoSPA) has called on manufacturers that are planning new products to design with safety in mind and to provide better safety information.
The call is based on the..
Injuries to the white matter of a newborn’s brain are more closely associated with neonatal infections, than to the baby’s delivery, according to a new study by US healthcare organisation Johns Hopkins.
The organisation points out..
Occupiers are not subject to the same restrictions in their choice of the surfaces they put down in parks and community gardens, even if children play in them, as they are in areas specifically designated..
Risk of future damage does not amount to physical damage to property under a global liability policy.The case involved a claim for investigations, management costs, the remedial scheme and safety installations over defects to panels.The..
The appropriate test in assessing damages to compensate a victim of unlawful race discrimination was the establishment of a causal link between the act of discrimination and the alleged injury. It was not necessary to..
A police commissioner owed a duty of care to an officer in his force and therefore when the officer was given negligent advice on which the officer relied, the commissioner was thus vicariously liable for..
A school assistant injured her back whilst handling a child following a swimming lesson. Two years after the accident the council received a letter before action. The council’s insurers’ claims inspector decided that the most..
This case involved an appeal from a decision by the Employment Appeal Tribunal which was withdrawn. The Court of Appeal said that there was professional obligation on those advising parties to litigation to alert the..
In this case relating to whistle-blowers and levels of compensation, the Employment Appeal Tribunal ruled that the guidelines laid down by the Court of Appeal on levels of compensation for injury to feelings awarded to..
When an employee communicated by fax his immediate acceptance of his employer’s repudiation of his contract of employment, the effective date of termination of employment was the date the employee’s fax was received, and not..
The case involved flooding of a garden by sewers, and the claimant brought an action against the sewage operator. The judge found for the claimant, and the Court of Appeal held that the defendant was..
Where an accident occurred after the decision in Goodes v East Sussex County Council
but before the amendment to statute (s.111 of the Railways and Transport Safety Act 2003), the highway authority was not under..
A five-year-old girl who suffered brain damage during a tonsillectomy has received a settlement of £3.2mn. The girl, who is now 13, requires 24-hour care. The NHS Trust admitted liability. The girl received too much..
The mother of a girl who suffered brain damage at birth has been awarded £2mn in an out-of-court settlement. The NHS Trust admitted liability. The brain damage was the result of oxygen deprivation caused by..
A hospital has made a settlement of £1.25mn to a boy who suffered brain damage following his birth. The boy, now 14, cannot walk and has difficulty with hand movements. The hospital apologised for the..
A man has been awarded £261,938 in damages after he sued the plastic surgeon who had performed a tummy tuck operation on his wife which resulted in her death.
The 36-year-old wife died five years ago..
A special needs teacher who was kicked and battered with furniture by a pupil has been awarded an estimated £250,000 in the High Court following a case brought by NASUWT.
The teacher was forced to retire..
The 2004 renewals season has seen pricing pressure cause a softening in property and other short tail classes, according to Lloyd’s insurer Atrium. However, the insurer added that most of the casualty classes continued to..
Brit Insurance Holdings plc, the UK general insurance group, has announced record pre tax profits of £77.6m for the year ended 31 December 2003 (£10.0m in 2002). Operating profits up 561.4% to £75.4m : (2002..
XL Capital Ltd has reported net income of US$371.7mn for 2003, compared with net income of US$396.0mn for 2002. Net premiums earned from general operations increased by 24% in 2003, while investment income increased 6%..
Although asbestos liabilities have proven the most potent menace for insurers of late, even without them the US insurance industry’s reserves are about US$60bn in the red, according to Standard & Poor’s Ratings Services in..
AIG chairman Maurice Greenberg has reportedly called class-action attorneys who oppose tort reform “terrorists.” He told a meeting in Boston that the current battle in Congress to reform class-action litigation was much like the Bush..
The European Commission is to start publishing weekly summaries of the alerts it receives from member states about dangerous non-food consumer products. The first of these is available on the Commission’s Consumer Affairs website at..
What do we conclude? There are always genuine claims that deserve to be compensated. Fascinatingly, Datamonitor reported that the number of claims reported to the Compensation Recovery Unit in fact fell by 7% in 2002...
The Australian experience of the past three years provides more illumination. Australia experienced an explosion of litigation in the 1990s, with a succession of class action claims funded with contingency fees, but this boom was..
A second example reinforces the suspicion that who gets the money plays a big part in compensation culture. The market for after-the-event insurance policies that cover the risk of liability for opponents’ costs if one..
First, there was a series of multi-party product liability actions in England and Wales from the early 1980s to the late 1990s, in which some individuals brought allegations of personal injuries, mostly involving pharmaceutical products...
By Christopher Hodges, CMS Cameron McKenna.
Television advertisements exhort us to sue for every mishap, group action lawyers are soliciting new claimants through the internet and the insurance industry’s bill for compensation is rising. Is compensation..
Another example of the world gone liability risk mad. A children’s pancake race has been cancelled because of a massive increase in insurance costs.
The primary school in Devon was forced to cancel its race because..
The Rubicon Corporation has bought the US Insurance Services Office’s (ISO) Claims Outcome Advisor (COA) web-based personal injury claims solution. COA will help Rubicon “improve the consistency of its clients’ claims payouts, increase visibility of..
Spurious compensation claims continue to increase, and local authorities’ bottom lines are feeling the pinch, according to a new report from the Local Government Association (LGA) and Zurich Municipal.
The report shows that 68% of councils..
Norton Rose has published research on the government’s proposals for a new corporate killing bill, focusing particularly on companies who operate potentially hazardous lines of business such as the rail and construction industries.
Two thirds of..
Teachers’ union NASUWT has issued guidance on taking school trips to its members, basically advising members against taking school trips. “In an increasingly litigious society which no longer appears to accept the concept of a..
A further education lecturer has been awarded £80,000 by her college after receiving stress-related injuries at work.The lecturer received the out of court settlement from the college after suffering a nervous breakdown. The case was..
The government has announced a new move to help improve employment rights for clergymen and women. Representatives from different religious faiths in Britain are to be invited to take part in a working group to..
A study published in the International Journal of Industrial Ergonomics has shown that most x-ray technologists in Canada suffer from “significant and diverse musculoskeletal” problems due to the physical stress and strain of their job,
The union UNISON has welcomed a Court of Appeal ruling as great news for victims of workplace bullying. According to the union, in awarding victory in an appeal over a UNISON-brought case of unfair dismissal,..
The British Crime Survey (BCS) has revealed that the number of people experiencing violence at work has fallen by 27% since 1999. The report showed that approximately 376,000 workers had experienced at least one incident..
Companies which have not yet put in place procedures to deal with the effect of the Employment Regulations Act 2002 should act now to avoid potentially costly mistakes. This is according to legal expenses insurer..
The number of workers taking their employers to tribunals increased by more than 20% last year. Figures from the Office of Employment Tribunals show that the number of applications to employment tribunals rose from 105,000..
The Chartered Society of Physiotherapy has released statistics showing that builders in the North East are more likely to suffer from a work-related upper limb disorder or RSI than journalists in London. The figures were..
Protocols to amend the Paris Convention on Third Party Liability in the Field of Nuclear Energy and the Brussels Convention Supplementary to the Paris Convention have been signed. According to the OECD’s Nuclear Energy Agency,..
Representatives of the Spanish, French and Portuguese governments have provided additional information on the extent of the damage resulting from the Prestige incident.
At a recent meeting of The International Oil Pollution Compensation Fund, they gave..
Compensation under the Icelandic Trawlermen’s Compensation Scheme will be extended to an additional 21 vessels. Trade & Industry minister Nigel Griffiths said: “The department will now re-examine the claims from trawlermen who worked on these..
The International Oil Pollution Compensation Fund (IOPC) has announced that the limits of liability and compensation under the 1992 Civil Liability Convention and the 1992 Fund Convention have increased by some 50.37%, resulting in a..
According to a Standard & Poor’s report, “Marine Mutual Report 2004,” shipowners will have to wait until 2006 before the P&I mutuals produce technical results acceptable to analysts. This is despite improved investment results, meaning..
The Food & Agriculture Organization of the United Nations (FAO) has warned that the spread of the avian influenza virus in several Asian countries is still not under control. Cambodia, China, Indonesia and Laos continue..
The European Commission and the European Environment Agency (EEA) have launched the European Pollutant Emission Register (EPER), the first Europe-wide register of industrial emissions into air and water. Detailed information on pollution from around 10,000..
Agreement has been reached over amendments to the European Environmental Liability Directive. The agreement of the European Parliament and the European Council will now enable the proposed Directive to be adopted.
Agreement on an EU measure..
Obesity is a growing international problem that is imposing immense additional costs on the economy and society as a whole, and becoming an increasingly important cost driver and exposure issue for insurers. This is according..
The number of obesity-related disability claims are on the rise, according to a recent report by UnumProvident Corporation, the largest provider of disability income protection insurance in the US. In addition, individuals filing claims related..
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