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UK Liability Market
UK insurance companies wrote £4.8bn (US$7.8bn) in gross premiums for third-party liability insurance in 2002, according to a survey of the UK company market carried out by our sister newsletter WIR. The survey, which is based on the annual..
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01 January 2004
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161 - 01 January 2004
Aon’s UK risk financing survey
Aon’s 2003 biennial risk financing and risk management survey reveals that “people” risks are growing in importance for companies. People risks show the most notable rise this year, with “employee accidents” rising..
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01 January 2004
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161 - 01 January 2004
Equitas may increase reserves
Equitas has warned that it may have to increase the size of its asbestos reserves at the end of March 2004. The reinsurer said the move was necessary to pay rising claims. Equitas’ asbestos reserves stood at £3.7bn before..
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01 January 2004
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161 - 01 January 2004
Underwriting ecological damage risk
A new technical publication from Swiss Re entitled “The insurability of ecological damage” puts forward a concept as to how the insurance industry might, from an underwriting point of view, manage the complex ecological damage risk.
The..
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01 January 2004
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161 - 01 January 2004
WTC insurance dispute condemned
The behaviour of the parties in the WTC insurance dispute, leaseholder Larry Silverstein, and a number of insurers and reinsurers, led by Swiss Re, has been condemned by a federal judge.
The judge said he hoped to “lower the tide of..
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01 January 2004
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161 - 01 January 2004
Global settlement for Hartford
Hartford Financial Services Group (HFSG) is to pay $1.15bn in the first quarter of 2004, in a global settlement for its exposure to asbestos claims of Mac Arthur Company and its subsidiary, Western MacArthur Company. The agreement will remove..
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01 January 2004
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161 - 01 January 2004
Case update
Statute-barred claim fails in Lords
The House of Lords dismissed an appeal by the claimant against a decision that his claim for damages for breach of duty and negligence was statute-barred.
The Lords ruled that a person whose personal injury claim..
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01 January 2004
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161 - 01 January 2004
Government action on EL but more needed
The government has set out its agenda for action to help business deal with the costs of employers’ liability compulsory insurance. It has come up with a few suggestions, but generally it seems to have postponed any major decisions. It..
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01 January 2004
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161 - 01 January 2004
New president of FOIL
Claire McKinney, managing partner of Davies Lavery’s Birmingham office, has been appointed president of the Forum of Insurance Lawyers (FOIL). At the FOIL AGM, she said that her theme for this year is social responsibility. “Under the..
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01 January 2004
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161 - 01 January 2004
Personal injury claims up
There was a small increase in the number of personal injury claims in 2002-3, around 2.6%. This is according to a new report from Datamonitor, “UK Personal Injury Litigation 2003.”
However, some sectors have suffered more than others..
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01 January 2004
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161 - 01 January 2004
UK non-life market remains stable
The ratings outlook for UK non-life insurers remains stable despite the emergence of negative business trends in the market, according to Standard & Poor’s Ratings Services.
“Although premium rates in a number of business lines are..
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01 January 2004
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161 - 01 January 2004
D&O claims on the up
A survey by law firm Mishcon de Reya into directors’ & officers’ (D&O) insurance in the UK has revealed that more than 70% of the insurers and brokers in the survey said that they had seen an increase in D&O claims over..
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01 January 2004
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161 - 01 January 2004
Risk managers look at D&O alternatives
AIRMIC, the Association of Insurance and Risk Managers, has revealed that the rising cost of D&O insurance has prompted risk managers to investigate alternative forms of cover.
A survey of members of the D&O task force, which includes..
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01 January 2004
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161 - 01 January 2004
Radical overhaul of directors’ and auditors’ liability
The government has outlined options for a radical overhaul of directors’ and auditors’ liability. The consultation document “Director & Auditor Liability” looks only at civil liability. Options on directors’..
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01 January 2004
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161 - 01 January 2004
Corporate governance legislation outlined
New legislation which aims to protect the UK against Enron style corporate scandals, has been published by the government. The Companies (Audit, Investigations & Community Enterprise) Bill will implement safeguards recommended by..
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01 January 2004
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161 - 01 January 2004
No Xmas cheer for shop assistants
Shop assistants in Austria were reported to have threatened to sue their employers for the “psychological terror” of in-store muzak, and in particular the use of Christmas songs. The local trade union called for stores to restrict..
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01 January 2004
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161 - 01 January 2004
Scotland’s weak race Act response
Nearly one third of Scotland’s public bodies have stumbled at the first hurdle on new race equality legislation, according to the Commission for Racial Equality.
One third of Scotland’s public bodies are leading the way with focused..
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01 January 2004
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161 - 01 January 2004
Code of Practice on Equal Pay
The Equal Opportunities Commission (EOC) has warned that bosses who do not take equal pay seriously “run a greater risk than ever before of being challenged by women workers since the introduction of the equal pay questionnaire. They cannot..
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01 January 2004
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161 - 01 January 2004
Prison Service guilty of racial discrimination
The Commission for Racial Equality (CRE) has found HM Prison Service guilty of racial discrimination after a formal investigation. A report published by the CRE details the evidence leading to the finding of unlawful racial discrimination and..
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01 January 2004
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161 - 01 January 2004
UK’s shameful record on rehabilitation
The Master of the Rolls has attacked the UK’s “shameful record on looking after accident victims” and has made a plea for the government to back the rehabilitation of accident victims in its forthcoming plans to deal with the..
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01 January 2004
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161 - 01 January 2004
UV lights prevent sick building syndrome
Researchers in Canada have found that sick building syndrome can be prevented with ultraviolet light which kill the microbes believed to cause the illness. Fitting UV lights to ventilation systems can reduce reported symptoms in “sick..
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01 January 2004
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161 - 01 January 2004
Disability Discrimination bill published
The government has published what it describes as “landmark legislation,” namely, the draft Disability Bill. The aim is “to serve the civil rights of disabled people, driving out discrimination and bringing practical benefits to..
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01 January 2004
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161 - 01 January 2004
Discrimination regulations brought in
New laws to prevent discrimination in the workplace on grounds of sexual orientation or religion come into force this week. The Sexual Orientation regulations and the Religion or Belief regulations have become law in Great Britain.
Jacqui Smith,..
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01 January 2004
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161 - 01 January 2004
Stress research centre opens
A new centre has been opened in Bristol which will research stress and treatments to ensure that stress does not cause long-term health damage. The £18mn Endocrine Centre is hoping to develop medication which will help to reduce long term..
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01 January 2004
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161 - 01 January 2004
HSC reports on work-related accidents
In 2002/03, 226 people were killed in work-related accidents around Britain, according to new statistics from the Health & Safety Commission (HSC), compared with 251 in 2001/02. In addition, there were 28,426 major injuries (415 more than..
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01 January 2004
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161 - 01 January 2004
1% of travellers may develop DVT
Researchers in New Zealand have discovered that up to 1% of long-haul travellers could develop blood clots as a result of their flight. Nine passengers out of a total of 900 developed deep vein thrombosis after a long flight. However, it was said..
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01 January 2004
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161 - 01 January 2004
Airlines not liable for DVT
The Court of Appeal of Victoria has ruled that airlines are not liable under international law to compensate for deep vein thrombosis (DVT).
A passenger had claimed that his DVT was caused by an “accident” as defined under Article 17 of..
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01 January 2004
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161 - 01 January 2004
Staten Island Ferry liability limitation
New York City is attempting to limit its liability in the Staten Island Ferry crash to $14.4mn, the value of the ferry. Death and injury claims are reported to be in the region of $2.2bn.
The city is seeking a ruling that it is not liable for the..
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01 January 2004
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161 - 01 January 2004
US Judicial Hellholes 2003
The American Tort Reform Association (ATRA) has produced a report, “Bringing Justice to Judicial Hellholes 2003”, which identifies 13 jurisdictions where the law is consistently applied unfairly.
“Personal injury lawyers bring..
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01 January 2004
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161 - 01 January 2004
Federal civil cases down
A study into civil cases in the US has found that the percentage of civil cases filed in federal courts that go to trial has declined from 11.5% in 1962 to 1.8% in 2003. The study found that the number of civil trials in federal courts is falling,..
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01 January 2004
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161 - 01 January 2004
US tort system “increasingly inefficient”
The US tort system saw the largest dollar increase in US history in 2002, costing $233bn, a $27.4bn increase over 2001. This is according to a report “US Tort Costs: 2003 Update” by Tillinghast-Towers Perrin.
The study tracks the cost of..
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01 January 2004
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161 - 01 January 2004
Asbestos problems to continue
An overwhelming 92% of insurance executives feel asbestos claims will continue to plague the industry, according to a survey conducted at the Annual Executive Conference for the Property/Casualty Industry in the US.
Workers’ compensation..
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01 January 2004
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161 - 01 January 2004
Halliburton’s asbestos plan into action
Halliburton subsidiaries DII Industries, Kellogg Brown & Root and others have filed chapter 11 proceedings. This is part of a plan by Halliburton to resolve its asbestos and silica liabilities through a pre-packaged bankruptcy involving several..
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01 January 2004
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161 - 01 January 2004
HSE statistics on mesothelioma deaths
The Health & Safety Executive (HSE) has published updated statistics predicting the future numbers of people likely to die in Britain as a result of mesothelioma.
These statistics, put together using the latest modelling techniques, suggest the..
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01 January 2004
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161 - 01 January 2004
EL guidelines for mesothelioma claims
The ABI has announced guidelines setting out how employers’ liability (EL) claims for mesothelioma will be shared by the insurance industry where more than one employer or more than one insurer is involved.
The guidelines follow on from the..
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01 January 2004
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161 - 01 January 2004
Medical Colleges call for public smoking ban
The time has come for legislation to make public places smoke free, according to the UK’s medical Royal Colleges and their Faculties. Carol Black, president of the Royal College of Physicians said “Passive smoking causes an estimated..
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01 January 2004
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161 - 01 January 2004
CJD contracted through blood transfusion
The Department of Health has revealed that a UK patient who died from CJD may have contracted the illness after a blood transfusion. The donor was diagnosed with CJD two years after giving the blood. The patient received the blood transfusion after..
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01 January 2004
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161 - 01 January 2004
Medical negligence claims 20 years later
A survey has found that 557 doctors have been involved in negligence claims over the past 15 years where there was a delay of 20 years or more from the date of the alleged negligent treatment to the making of a claim.
The survey by the Medical..
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01 January 2004
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161 - 01 January 2004
Cerebral palsy at birth
A boy with cerebral palsy has received £3mn in agreed damages. The boy, now 10, was brain damaged at birth when he was starved of oxygen, and is now restricted to a wheelchair.
It was reported that the health authority responsible for the..
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01 January 2004
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161 - 01 January 2004
Bullied teacher gets damages
A primary school teacher has won £86,487 in damages after she developed depression as a result of being bullied by her head teacher. She was also awarded costs. The judge said that the head teacher was “unapproachable, unfair in her..
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01 January 2004
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161 - 01 January 2004
Baby heart operation error
A man has been awarded £5mn in damages after he suffered brain damage and lost his right leg as the result of a heart operation in 1978. The man, now 25, was just seven months old at the time of the operation. He is totally dependent on the..
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01 January 2004
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161 - 01 January 2004
Chip slip injury award
A teacher who strained knee ligaments after slipping on a chip outside the school canteen has been awarded £55,000 in compensation. The teacher, who has been unable to return to work, fell down a ramp. The court said that the risk should have..
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01 January 2004
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161 - 01 January 2004
Award for brain damage at birth
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01 January 2004
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161 - 01 January 2004
Mesothelioma from electrical equipment
A former electrician who allegedly developed mesothelioma in part from his exposure to asbestos fibres in electrical equipment has been awarded nearly $3mn in San Francisco. The company which acquired his employer at the time was found to be 5%..
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01 January 2004
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161 - 01 January 2004
MoD pays out in hand accident
The Ministry of Defence has admitted breach of duty in a case involving a soldier who lost a hand in an accident in 1999. The soldier was serving in Bosnia when his hand was torn off after being caught in machinery. He was discharged on medical..
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01 January 2004
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161 - 01 January 2004
Damages for false sexual abuse claims
A man is suing an NHS trust for £250,000 after he was falsely accused of sexually abusing his daughter. The man, a former deputy leader of the Scottish National Party, alleges that his daughter underwent recovered memory therapy which produced..
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01 January 2004
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161 - 01 January 2004
Illegal road race accident award
A 17 year old boy has received £4.6mn in compensation after he was hit by a car at an illegal road race. The boy suffered head injuries when a car lost control at the race and hit the boy and others at a roundabout.
The boy requires..
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01 January 2004
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161 - 01 January 2004
Asbestos claim against two employers
A woman whose husband died from mesothelioma has received £100,000 in compensation. The man worked in railway workshops in the 1940s, and died in 2001, aged 77. He was exposed to asbestos and his widow sued two previous employers, British Rail..
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01 January 2004
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161 - 01 January 2004
£1.5mn damages for epidural problem
A woman who was given an epidural anaesthetic whilst being treated for Crohn’s disease ended up being paralysed. She has been awarded £1.5mn in damages.
The case involved a breach of duty by the health authority when a doctor failed to..
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01 January 2004
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161 - 01 January 2004
Hep C contracted after operation
A patient has received £20,000 in compensation after contracting hepatitis C in hospital after a back operation. It was revealed that a female patient with hepatitis C was operated on shortly before the claimant. Prior to being infected with..
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01 January 2004
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161 - 01 January 2004
Snoop Dogg sued for sexy blur slur
US rapper Snoop Dogg is being sued by an actress who claims that a television programme made it appear as though she had engaged in a sexual act with the rap star.
The actress, Doris Burns, is seeking unspecified damages after appearing on a comedy..
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01 January 2004
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161 - 01 January 2004
The safety risk of beach umbrellas
A lawsuit in New York has revealed the startling news that a beach umbrella can be a safety hazard. A woman claims that she was hit by a lifeguard’s beach umbrella causing a gash requiring stitches. She claims that the umbrella was not..
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01 January 2004
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161 - 01 January 2004
Lorry driver sued over crossing crash
A lorry driver who is alleged to have caused a rail crash on a level crossing is to be sued by the train company for compensation for damage to the train. The crash occurred in 2001 after a lorry became stuck on the tracks at an unmanned level..
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01 January 2004
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161 - 01 January 2004
Tour operator’s arguments fail over crash
A judge has ruled in favour of a group of passengers who are looking to obtain compensation from their tour operator for psychological injuries caused after a plane crash. The judge ruled that it was not necessary for the passengers to prove that..
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01 January 2004
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161 - 01 January 2004
Underage drinking lawsuit in US
A law firm in the District of Columbia in the US is seeking class-action status and damages for a lawsuit which alleges that the drinks industry targets underage drinking in its advertising. A number of firms are named in the lawsuit including..
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01 January 2004
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161 - 01 January 2004
Violent reaction to diabetes drug
Aventis, the pharmaceutical company that makes the diabetes drug Lantus, is being sued by a diabetic who alleges that the drug made him violent.
The man claims that the drug made him try to strangle his girlfriend twice, as well as making him attack..
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01 January 2004
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161 - 01 January 2004
Travelers in class action agreement
Travelers Property Casualty Corp in the US has reached an agreement in principle with class action claimants in all pending asbestos-related statutory direct actions. The claims allege that Travelers violated state unfair claims and trade practices..
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01 January 2004
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161 - 01 January 2004
Welsh body parts families issue writ
A number of families are seeking damages following revelations that body parts of their family members were removed and disposed of without their permission during hospital or coroners’ post-mortem examinations.
The claims, by 68 people in..
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01 January 2004
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161 - 01 January 2004