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

Equitas settles asbestos-related claims with General Motors

Equitas has reached an agreement to settle all asbestos-related claims filed against Lloyd’s underwriters by US car maker General Motors. The settlement includes all North American third-party asbestos and pollution-related claims, but does..

Online Published Date: 01 November 2005

Appeared in issue: 183 - 01 November 2005

Hospital Professional Liability and Physician Liability Analysis

While the severity of malpractice claims continues to rise, growing at a rate of 7.5% annually, the frequency of malpractice claims has decreased by 1% over the past year, according to the 2005 Hospital Professional Liability and Physician Liability..

Online Published Date: 01 November 2005

Appeared in issue: 183 - 01 November 2005

Managing the risks of pandemic influenza

As the first outbreak of avian flu hits Europe and the World Health Organisation (WHO) urges countries to prepare for the massive social and economic disruption brought about by a pandemic, Aon has published a White Paper on the risks faced by..

Online Published Date: 01 November 2005

Appeared in issue: 183 - 01 November 2005

LMA forms Marine Aviation and Transport team

The Lloyd’s Market Association (LMA) has restructured its technical teams to form a Marine Aviation and Transport (MAT) team. The former aviation and marine teams have been merged and the new MAT team is headed by Neil Smith, Marine Aviation..

Online Published Date: 01 November 2005

Appeared in issue: 183 - 01 November 2005

Markel forms Global Marine & Energy unit

Markel Corporation has announced that it is to form a new operating unit, Markel Global Marine & Energy. The new unit will specialize in marine and energy coverages worldwide, and will be headed by Steve Cullen, most recently president and..

Online Published Date: 01 November 2005

Appeared in issue: 183 - 01 November 2005

Aviation renewals analysis from Aon

Aon’s Aviation Consultancy & Reinsurance Services has analysed around 200 insurance programme renewals incepting since the beginning of 2005. It has found: 2005 average fleet values show an increase of around 5.5% when compared to..

Online Published Date: 01 November 2005

Appeared in issue: 183 - 01 November 2005

Risk management tool for health & safety risks from Aon

With employee accidents costing companies more than £5000 per claim, Aon Limited, has launched the Health & Safety Manager, a new advisory service and online system to help small to medium sized businesses (SMEs) cope with health &..

Online Published Date: 01 November 2005

Appeared in issue: 183 - 01 November 2005

New D&O underwriter for Brit

Brit Insurance Holdings has announced the appointment of Craig Watson as Directors’ & Officers’ underwriter, based in Brit’s Glasgow office. He has been appointed to help spearhead the implementation and development of..

Online Published Date: 01 November 2005

Appeared in issue: 183 - 01 November 2005

Guy Carpenter realigns casualty practices in London

Guy Carpenter has announced that it has aligned its various Casualty Practices in London under the leadership of Nick Frankland, who joined the firm from RK Carvill in September last year. The group is comprised of four distinct specialty areas,..

Online Published Date: 01 November 2005

Appeared in issue: 183 - 01 November 2005

Fat saves lives

There has been endless talk about obesity, the potential for claims against fast food outlets, and the health problems associated with being overweight. The US is planning to make it difficult for people to bring obesity cases against fast food..

Online Published Date: 01 November 2005

Appeared in issue: 183 - 01 November 2005

Payment of Bodily Injury Claims: A Widely Varying Picture Across Europe

By Guy Carpenter’s Casualty Specialty

Online Published Date: 01 November 2005

Appeared in issue: 183 - 01 November 2005

APIL tells Committee of inhibitor to bringing claims

APIL president Allan Gore QC has told the Constitutional Affairs Select Committee at its inquiry into the small claims process that an “increase in the threshold will act as an inhibitor to bringing claims, and will adversely affect access to..

Online Published Date: 01 November 2005

Appeared in issue: 183 - 01 November 2005

Call for employment tribunal rules review

There have been calls for an urgent review, following the report from the CBI claiming that business is losing confidence in the employment tribunal system following the introduction of new rules last year (see last month’s Liability, Risk..

Online Published Date: 01 November 2005

Appeared in issue: 183 - 01 November 2005

APIL calls for overhaul of Criminal Injuries Compensation Scheme

The Association of Personal Injury Lawyers (APIL) is seeking a meeting with the Government to call for a complete overhaul of the scheme which pays compensation to crime victims. Allan Gore QC, president of APIL said the time is ripe for the..

Online Published Date: 01 November 2005

Appeared in issue: 183 - 01 November 2005

Government to go ahead with single Civil Court

The Secretary of State for Constitutional Affairs and Lord Chancellor, Lord Falconer, has announced proposals that will provide “simpler and more accessible court structures leading to more efficient and effective civil justice.” In..

Online Published Date: 01 November 2005

Appeared in issue: 183 - 01 November 2005

PI Direct Group ceo buys PI Direct in Australia

A group of investors led by PI Direct Group ceo Michael Wood and chairman Andrew Wallas have purchased the similarly named but unrelated PI Direct Insurance Brokers, based in Brisbane, Queensland. PI Direct in Brisbane was founded by Norah Greer and..

Online Published Date: 01 November 2005

Appeared in issue: 183 - 01 November 2005

Rental companies fight back on injury fraud

After years of rising third party claims, the daily rental industry is fighting back, according to the British Vehicle Rental and Leasing Association (BVRLA). Contrived or “staged” accidents along with phoney injury claims are costing..

Online Published Date: 01 November 2005

Appeared in issue: 183 - 01 November 2005

Fatigue in the road transport sector highlighted

The International Labour Organization (ILO) has published a working paper, “The issues of fatigue and working time in the road transport sector,” which recognises the health and safety implications of fatigue in the sector. The paper..

Online Published Date: 01 November 2005

Appeared in issue: 183 - 01 November 2005

Sitting at desk causes back pain

New statistics on the incidence of back pain among workers have been released by the Chartered Society of Physiotherapy (CSP), showing that more than two thirds of respondents (70%) say they have experienced pain in their back, neck or upper limbs..

Online Published Date: 01 November 2005

Appeared in issue: 183 - 01 November 2005

REACH study unveiled

The findings of a study into the benefits of REACH (Registration, Evaluation, Authorisation and Restriction of Chemicals) for workers’ health have been unveiled in the European Parliament.The study, carried out by the University of Sheffield,..

Online Published Date: 01 November 2005

Appeared in issue: 183 - 01 November 2005

Report examines “Workplace Harm and the Illusions of Law”

A new report from the Crime and Society Foundation includes a look at how to reduce work-related deaths and injuries. The report, “Criminal Obsessions. Why harm matters more than crime,” includes a chapter entitled “Workplace Harm..

Online Published Date: 01 November 2005

Appeared in issue: 183 - 01 November 2005

Black and Asian women face discrimination at work

New figures from the Equal Opportunities Commission (EOC) reveal “the gaping chasm” between young Pakistani, Bangladeshi and Black-Caribbean women’s ambitions and the realities they face in the workplace. Pakistani, Bangladeshi and..

Online Published Date: 01 November 2005

Appeared in issue: 183 - 01 November 2005

Health, Work and Wellbeing strategy from Government

Two government departments and the Health and Safety Executive have joined forces in a partnership committed to improving the health and wellbeing of working age people. The strategy, Health, Work and Wellbeing - Caring for our Future, “lays..

Online Published Date: 01 November 2005

Appeared in issue: 183 - 01 November 2005

HSE targets construction fall and trip injuries

Health and Safety Executive (HSE) construction inspectors are targeting work being carried out during the ‘fit out’ phase of projects as part of a nationwide campaign to reduce the number of fall and trip injuries that occur during the..

Online Published Date: 01 November 2005

Appeared in issue: 183 - 01 November 2005

Increased exposure to noise at work

The Royal National Institute for Deaf people (RNID) and the TUC have warned that changes in the Licensing Act, allowing 24 hour opening, will lead to an increased likelihood of workers in bars, clubs and pubs being exposed to dangerously loud noise..

Online Published Date: 01 November 2005

Appeared in issue: 183 - 01 November 2005

UK Club makes call for 2006

The UK P&I Club has said that it requires a further increase in premium levels and that there will be a general increase for the 2006 policy year at 12.5% of members’ premium ratings. The Club said that for 2005,“early signs make it..

Online Published Date: 01 November 2005

Appeared in issue: 183 - 01 November 2005

New on-line geographic data system launched

Infoterra has launched GeoStore.com, a unique web based service giving businesses seamless access to geographical data. The first phase sees the availability of aerial imagery of England, with plans in place to add further data during 2006. The..

Online Published Date: 01 November 2005

Appeared in issue: 183 - 01 November 2005

Cheeseburger Bill is passed by the House

The so-called ‘Cheeseburger Bill’ has been passed by the US House of Representatives, although it still has to be considered by the Senate. The bill, entitled the Personal Responsibility in Food Consumption Act, is designed to make it..

Online Published Date: 01 November 2005

Appeared in issue: 183 - 01 November 2005

State tort reform measures mean fewer deaths

Between 1981 and 2000, state tort reform measures have resulted in 14,222 fewer accidental deaths, according to Paul Rubin, economics and law professor at Emory University. Rubin and co-author Joanna Shepherd examined 141 state tort reforms over..

Online Published Date: 01 November 2005

Appeared in issue: 183 - 01 November 2005

US Litigation Trends Survey 2005

In its latest annual 2005 Litigation Trends Survey, international law firm Fulbright & Jaworski has found that litigation has become the great equalizer of the modern corporation. Nearly 90% of US corporations are engaged in some type of..

Online Published Date: 01 November 2005

Appeared in issue: 183 - 01 November 2005

Insurers expect asbestos nightmare to continue

Insurance companies are becoming increasingly concerned that asbestos liabilities will continue to cause them a headache for the foreseeable future, according to a new survey by Deloitte. The survey of over 30 leading insurance firms found that..

Online Published Date: 01 November 2005

Appeared in issue: 183 - 01 November 2005

Partial smoking ban is “shambolic” says law firm

Law firm Thompsons has described the government’s proposed legislation to ban smoking in pubs and restaurants which sell food as “shambolic”. Thompsons says the Bill complicates the law, and will do nothing to protect employers..

Online Published Date: 01 November 2005

Appeared in issue: 183 - 01 November 2005

Partial ban on smoking in enclosed public places

The Government has finally produced its bill to ban smoking in all enclosed public places in England, although it includes an exemption from licensed premises that do not serve or prepare food and private members’ clubs. Secretary of State for..

Online Published Date: 01 November 2005

Appeared in issue: 183 - 01 November 2005

Work-related musculoskeletal disorders and physiotherapists

A new report has examined the extent of work-related musculoskeletal disorders (MDSs) in Chartered Society of Physiotherapy members. Based on a survey of 3,661 physiotherapists, physiotherapy assistants and physiotherapy students on clinical..

Online Published Date: 01 November 2005

Appeared in issue: 183 - 01 November 2005

Motor oil exposure increases rheumatoid arthritis risk

Occupational exposure to mineral oils, in particular hydraulic or motor oil, increases the risk of developing rheumatoid arthritis by 30%, according to a study published in Arthritis Research & Therapy. Researchers from the Karolinska Institutet..

Online Published Date: 01 November 2005

Appeared in issue: 183 - 01 November 2005

Survey finds widespread age discrimination

Age discrimination is widespread in UK organisations, according to research on age discrimination by the Chartered Management Institute and the Chartered Institute of Personnel and Development. The results of a survey among 2,682 managers and..

Online Published Date: 01 November 2005

Appeared in issue: 183 - 01 November 2005

No violation of claimants’ rights over costs delay

Claims brought by the claimants against the defendant were dismissed and a costs order made against them. The defendant served a notice of commencement of assessment of his bill of costs within three months of the date of judgment, as specified in..

Online Published Date: 01 November 2005

Appeared in issue: 183 - 01 November 2005

Employer’s age reduction unlawful

For the purposes of a claim for unfair dismissal, an employee’s normal retirement age could not be lower that his contractual retirement age. If the employee was dismissed before his contractual retirement age he was entitled to claim unfair..

Online Published Date: 01 November 2005

Appeared in issue: 183 - 01 November 2005

The rule in Rylands v Fletcher

A claim arose as a result of a fire in the defendant’s premises which spread to claimant’s premises and caused extensive damage. The claimant claimed that the defendant was strictly liable for the damage in accordance with the rule in..

Online Published Date: 01 November 2005

Appeared in issue: 183 - 01 November 2005

Personality not a fair reason to dismiss

A man was employed by the Trust as the Director of Finance for 16 years. Problems were experienced with his personality and relationship with colleagues and management staff. However, they found no fault with his work. A disciplinary hearing was..

Online Published Date: 01 November 2005

Appeared in issue: 183 - 01 November 2005

Solicitors acted as if authorised

Service by an employment tribunal of a notice of a prehearing review on legal representatives was valid even though the legal representatives had sought to reserve their position in a letter to the employer’s solicitors. The Employment Appeal..

Online Published Date: 01 November 2005

Appeared in issue: 183 - 01 November 2005

Amount of group litigation cost cap

A group litigation of 869 claimants was commenced against five tour operators following gastrointestinal or viral infections contracted in Torremolinos. Apart from 60 claimants the damages for each claimant lay between £1,977 and £2,473...

Online Published Date: 01 November 2005

Appeared in issue: 183 - 01 November 2005

ATE premium was reasonable and proportionate

A woman was injured in a road traffic accident on a roundabout, when a vehicle belonging to Battersea Dogs Home (the Home) collided with her. The insurers of the Home denied liability but served a Part 36 offer, offering to share liability..

Online Published Date: 01 November 2005

Appeared in issue: 183 - 01 November 2005

£1.5mn for brain damage 40 years ago

A strategic health authority is to pay more than £1.5mn in compensation to a brain-damaged man and his mother. The man had been looked after by his mother for the last 40 years. The mother, aged 76, did not realise she was entitled to claim for..

Online Published Date: 01 November 2005

Appeared in issue: 183 - 01 November 2005

£1.7mn for paralysed woman

A woman has received £1.7mn in compensation after she fell off a wall in a country park and broke her neck. The woman, a former magician with a circus, was left paralysed after the fall. She fell eight feet into a ditch from a wall which she..

Online Published Date: 01 November 2005

Appeared in issue: 183 - 01 November 2005

Alzheimer’s sufferer wins £40,000 for unsupervised fall

The Central London County Court has approved a settlement for a woman who suffers from Alzheimer’s and was involved in an accident while in the care of an NHS Trust. The Trust agreed to pay £40,000 The woman was admitted to hospital for..

Online Published Date: 01 November 2005

Appeared in issue: 183 - 01 November 2005

Airline masseuse wins £109,000

An airline masseuse has won around £109,000 after she sued an airline over a repetitive strain injury caused by her job. She had to stop working because of the injury. The payment covered loss of earnings, pain and suffering. She regularly had..

Online Published Date: 01 November 2005

Appeared in issue: 183 - 01 November 2005

NASUWT wins £400,000 in three member cases

Teachers’ union NASUWT, has won around £400,000 for its members in three compensation cases. The first case involved a special needs teacher who won £250,000 after suffering back injuries at work. The second involved a Craft and..

Online Published Date: 01 November 2005

Appeared in issue: 183 - 01 November 2005

Brain damage after DVT treatment

A woman has been awarded £113,000 a year by a hospital trust after she suffered brain damage and was left requiring 24 hour care. The woman was admitted to hospital for treatment of a blood clot in her leg caused by deep vein thrombosis (DVT),..

Online Published Date: 01 November 2005

Appeared in issue: 183 - 01 November 2005

Disabled customer gets compensation from bank

A disabled customer has received £5,000 compensation after complaining for four years that he was unable to get inside his local bank. The man, who uses an electric wheelchair, has been undertaking transactions on the pavement outside his bank..

Online Published Date: 01 November 2005

Appeared in issue: 183 - 01 November 2005

Compensation for swimming accident

..

Online Published Date: 01 November 2005

Appeared in issue: 183 - 01 November 2005

Tribunal panel member prejudices claim

A sex discrimination claim being heard by an employment tribunal was left in chaos after a member of the panel was forced to stand down after making a prejudicial comment. According to the Times, the claim was brought by a gay public relations..

Online Published Date: 01 November 2005

Appeared in issue: 183 - 01 November 2005

Claims farmer turns down claim shock

A shipyard worker in Tyne & Wear with an asbestos related disease has won undisclosed compensation. The claim was originally turned down by a claims management firm which told him there was no evidence in his medical records to prove he had any..

Online Published Date: 01 November 2005

Appeared in issue: 183 - 01 November 2005

£10,000 for trampoline injury

A woman has received £10,000 in an out-of-court settlement after she was injured on a trampoline. The woman injured her knee when the springs snapped on a brand new keep-fit mini-trampoline. She was initially offered a £35 refund by the..

Online Published Date: 01 November 2005

Appeared in issue: 183 - 01 November 2005

Changes to the law on vicarious liability

A claim followed a flood which caused damage to the claimant’s factory in July 1998. The claimant, represented by law firm Crutes on the instructions of their insurers, had engaged the first defendant to install air conditioning to their..

Online Published Date: 01 November 2005

Appeared in issue: 183 - 01 November 2005

Down’s Syndrome boy wins over £3mn

A boy with Down’s Syndrome has been awarded over £3mn in compensation. The boy underwent a heart operation when he was two years old, but suffered complications and was left with brain damage. The hospital had agreed to settle the case..

Online Published Date: 01 November 2005

Appeared in issue: 183 - 01 November 2005

Legal loophole means no payment despite award

A woman who won her case for constructive dismissal and sex discrimination is unlikely to receive any money. Although her lawyers say she was entitled to around £600,000, a legal loophole means she will receive nothing. After she was awarded..

Online Published Date: 01 November 2005

Appeared in issue: 183 - 01 November 2005

Compensation demand over wrong grave

A borough council is facing demands for compensation from the family of a woman who was placed in the wrong grave at a cemetery. The woman was placed in a grave in a plot next to the one which had been bought by the family. The Home Office has..

Online Published Date: 01 November 2005

Appeared in issue: 183 - 01 November 2005

Compensation for family of mesothelioma victim

The family of a man who died in January 2005 as a result of mesothelioma have received a six figure sum in compensation. The man developed the disease whilst working as a shop fitter and joiner. He worked in a factory environment where asbestos..

Online Published Date: 01 November 2005

Appeared in issue: 183 - 01 November 2005

Part-time worker wins appeal

The Employment Appeals Tribunal has upheld claims of unfair dismissal, contravention of the part-time workers regulations, victimisation and sex discrimination against international law firm Herbert Smith in the case of Michelle Langton, supported..

Online Published Date: 01 November 2005

Appeared in issue: 183 - 01 November 2005

Scientist fails in claim over Institute job

A scientist has failed in his claim for racial discrimination over a job which he had applied for. The scientist said he failed to get the job at a Cambridge Institute because he was Indian, and because he was pursuing a similar case against another..

Online Published Date: 01 November 2005

Appeared in issue: 183 - 01 November 2005

Settlement over baby’s death

A hospital trust has made an out-of-court settlement with the parents of a baby that died due to lack of oxygen during birth. The baby suffered brain and kidney damage after a long delay in delivery because the only staffed emergency operating..

Online Published Date: 01 November 2005

Appeared in issue: 183 - 01 November 2005

Equitable Life drops more of its claims

Equitable Life is reported to have dropped a major part of its claim against 11 former directors, reducing its claim from £1.7bn to £641mn. The company said that it had withdrawn its “lost sale” claim, under which the company..

Online Published Date: 01 November 2005

Appeared in issue: 183 - 01 November 2005

Half of UK companies to face more litigation in 2006

A new survey has found that 48% of UK companies expect to face more litigation during 2006 than they did over the last year. The 2005 Litigation Trends Survey was published by international law firm Fulbright & Jaworski. The 2005 survey revealed..

Online Published Date: 01 November 2005

Appeared in issue: 183 - 01 November 2005