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Letters to the editor
Dear Sir,
I read Richard Bulmer’s article on the “Liability Crisis” (October issue) with interest. I take issue with several of his points:
He suggests that UK commercial policyholders have experienced a “reduction in the..
Online Published Date:
01 November 2003
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160 - 01 November 2003
Markel launches employment practices products
A range of integrated products providing insurance protection for the employment practices exposure of small and medium-sized employers has been launched by Markel (UK), a subsidiary of Markel International.
The range of products is aimed at..
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01 November 2003
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160 - 01 November 2003
Lloyd’s chairman criticises US tort system
Lord Levene, the chairman of Lloyd’s, has called the US tort system, part of the “pernicious, cancerous and ruinous” compensation culture in the US. He added “The fear of being sued is making everyone more and more cautious..
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01 November 2003
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160 - 01 November 2003
Book published – “Asbestos: The Relentless Peril”
Published at the end of September 2003, “Asbestos: The Relentless Peril”
, by Adrian Leonard, explores the rising cost of asbestos claims around the world, and looks into future trends in the US, UK and Europe. It explores the..
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01 November 2003
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160 - 01 November 2003
A Response
Dear Sir
I welcome Nick Goulder’s contribution to the debate about the Liability Crisis, and would respond to the specific points in his letter as follows:
I would suggest that the dividing line between insurance cover being unavailable and..
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01 November 2003
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160 - 01 November 2003
Asbestos angst across the ocean
By John Crowell, XL Reinsurance America
Our July 2002 Liability Bulletin
contained an article entitled “Asbestos Claims – Will They Ever End?”
That certainly was a rhetorical question. By now it seems clear that asbestos will be..
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01 November 2003
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160 - 01 November 2003
Pre-action protocol for disease and illness claims
The Department for Constitutional Affairs has published the pre-action protocol for disease and illness claims. This protocol is intended to apply to all personal injury claims where the injury is not as the result of an accident but takes the form..
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01 November 2003
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160 - 01 November 2003
Structured settlements direction
A new Practice Direction has recently come into force – it directs that in all cases where damages for future loss exceed £500,000, all parties should raise the question of a structured settlement with the court during case..
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01 November 2003
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160 - 01 November 2003
US Risk and NCG Professional Risks
US Risk Insurance Group has taken a shareholding in the UK professional indemnity broking firm, NCG Professional Risks, based in London. US Risk Insurance is a specialty lines underwriting manager and wholesale broker headquartered in Dallas.
The..
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01 November 2003
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160 - 01 November 2003
Insurer liability package launched
Reflecting the spread of litigation to insurers themselves, the St Paul Companies have introduced a new liability product for insurance company managers.
The coverage responds to a variety of management liability and professional risks such as..
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01 November 2003
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160 - 01 November 2003
LMA launches professional liability policy
The London Market Association (LMA) has launched a new professional liability policy for financial institutions which will become the standard product across the market.
The Worldwide Financial Institutions Professional Liability policy NMA 3000 was..
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01 November 2003
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160 - 01 November 2003
US insurers under-funding asbestos reserves
The US property/casualty insurance industry remains significantly under-funded by nearly 40% with regard to reserves for ultimate, undiscounted asbestos and environmental liabilities, according to a special report released by AM Best Co.
With..
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01 November 2003
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160 - 01 November 2003
Insurers and solicitors agree on uplift fee
The Civil Justice Council has announced that the Association of British Insurers and solicitors’ groups have set the legal fee for a successful claim at 12.5% of the costs of the case.
The dispute, between insurers and solicitors over the..
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01 November 2003
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160 - 01 November 2003
UK non-life market report from AM Best
Despite seemingly attractive pricing in most lines of business, the financial strength of UK non-life insurers overall remains significantly below historic levels. This reflects the twin effects of adverse loss development and asset losses eroding..
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01 November 2003
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160 - 01 November 2003
New scheme for road traffic accident claims
The Government has brought in a scheme to fix legal costs recoverable from defendants, which it says will mean speedier and more predictable settlements for the vast majority of consumers seeking redress for personal injury in road traffic accident..
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01 November 2003
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160 - 01 November 2003
Dangers of e-mail in insurance contract litigation
E-mail is the “Achilles heel” of insurance contract litigation, according to a market briefing, “Discovery and Privilege in the Digital Age”
, hosted by the International Underwriting Association. Dennis Wade, a founding..
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01 November 2003
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160 - 01 November 2003
Guidance on Directors’ and Officers’ liability cover
A number of City institutions have issued guidance for Directors’ and Officers’ liability cover (D&O). The Institute of Chartered Secretaries & Administrators, the City of London Law Society, the Association of British Insurers..
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01 November 2003
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160 - 01 November 2003
Equitable claim proceeds
Equitable Life can continue with its £3.3bn claim against nine of its former non-executive directors. The Commercial court dismissed the application by the directors to strike out the claims on the basis that they had no real prospect of..
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01 November 2003
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160 - 01 November 2003
D&O taskforce set up by AIRMIC
AIRMIC, the association for risk managers, has set up a task force in response to the soaring price of D&O insurance. The group’s remit is to investigate ways of reducing the cost of premiums and to explore alternatives to..
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01 November 2003
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160 - 01 November 2003
Commission produces occupational diseases schedule
The European Commission has produced a listing of occupational diseases. The commission is recommending that member states should, “without prejudice to more favourable national laws or regulations, introduce as soon as possible into their..
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01 November 2003
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160 - 01 November 2003
EL crisis to stay, says AIRMIC
The Employers’ Liability insurance crisis is here to stay and could worsen sharply in the coming year, according to the Association of Insurance and Risk Managers (AIRMIC).
The current high prices reflect a long-term change in market..
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01 November 2003
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160 - 01 November 2003
Stress increases risk of breast cancer
Researchers in Sweden have found that stress doubles a woman’s risk of developing breast cancer. The researchers interviewed women in the late 1960s and asked if they had suffered stress over the previous five years.
The researchers then..
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01 November 2003
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160 - 01 November 2003
UK mesothelioma deaths by geographical area
The Health and Safety Executive (HSE) has published updated statistics on work-related mesothelioma deaths by geographical area within Great Britain. The statistics are based on previously published death information covering the 20-year period..
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01 November 2003
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160 - 01 November 2003
Mutuals not always the answer
Mutual insurance may not be the answer to the current liability insurance crisis, according to Stephen James, chairman of the International Group of P&I Clubs. Mr James was speaking last month to the annual conference of the Institute of Risk..
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01 November 2003
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160 - 01 November 2003
Who will insure GM crops?
A new farmers campaigning group, FARM, has carried out a survey of the principal insurance underwriters in the UK, and found that neither farmers considering growing GM crops or non-GM farmers seeking to protect their businesses from contamination..
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01 November 2003
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160 - 01 November 2003
More claims than expected from 11 September
A US government audit of the $5.1bn victim compensation fund relating to 11 September has found that the number of personal injury claims filed as a result of the terrorist attacks could be 3,000 higher than originally anticipated.
Nevertheless, the..
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01 November 2003
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160 - 01 November 2003
US risk retention groups grow
The 16th annual survey of US risk retention groups (RRG) by the Risk Retention Reporter
has revealed that the RRG annual premium for 2003 is projected to grow to $1,725.5mn, an increase of $460.4mn (36.4%) over 2002 premium, which grew 34.0% from..
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01 November 2003
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160 - 01 November 2003
Terrible acronyms #57
Americans love an acronym even more than us Brits, and will often go to the extreme in order to get a good one. This is especially true of legislation, and bills are expected to have a good, memorable acronym (presumably to help those voting to..
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01 November 2003
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160 - 01 November 2003
Medical liability crisis – the physicians’ view
The true impact of the medical liability crisis in the US was highlighted in a statement by the Alliance of Specialty Medicine to the Subcommittee on Human Rights and Wellness Committee on House Government Reform.
The Alliance of Specialty Medicine,..
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01 November 2003
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160 - 01 November 2003
US customers asked to waive right to sue
The Wall Street Journal
has reported on a growing trend in the US for companies to ask their customers to accept mandatory arbitration of any disputes and to waive their rights to file lawsuits. The paper said that such binding arbitration clauses..
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01 November 2003
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160 - 01 November 2003
Consultant warns insurers over CAW Regulations
A consultant has warned employers and insurers that they are in danger of sleepwalking into potential asbestos claims, and that insurers should assist employers to avoid claims following the new Control of Asbestos Regulations.
David Sibbitt, an..
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01 November 2003
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160 - 01 November 2003
US asbestos compensation fund deal
The US federal asbestos compensation fund appears to be back on track after insurers and their industrial clients struck a deal resulting in an $114bn compensation fund. Insurers will contribute around $47bn and their manufacturing clients will..
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01 November 2003
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160 - 01 November 2003
Asbestos warning for London market
US asbestos liabilities threaten to swamp the London market, a leading actuarial firm has warned.
According to Tillinghast-Towers Perrin, US insurers have increased their reserves for asbestos related claims by $10bn since the start of 2003. The..
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01 November 2003
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160 - 01 November 2003
Flight attendant loses smoking case
A court in the US has ruled that a number of tobacco companies were not liable in a case brought by a former flight attendant, who claimed that second-hand tobacco smoke on planes caused her to develop lung cancer and other problems. The case is one..
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01 November 2003
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160 - 01 November 2003
Another punitive damages case set aside
Tobacco firm Philip Morris has been granted an appeal by the US Supreme Court which has set aside a ruling that the company should pay $79.5mn in punitive damages to the family of a dead smoker.
The decision was the latest to be based on the Supreme..
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01 November 2003
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160 - 01 November 2003
UK’s first tobacco damages case
The widow of a lung cancer victim is finally taking Imperial Tobacco to court for damages. The case originally began in 1993 but the man died before it was completed. His widow claims that he was never warned of the dangers of smoking. He began..
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01 November 2003
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160 - 01 November 2003
EU directive on EMF risk assessment
An EU directive which has been approved by the EU Council of Ministers will require employers in the EU to carry out risk assessments to examine the risks from electromagnetic fields to employees.
Examples given include: mobile telephone antennae,..
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01 November 2003
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160 - 01 November 2003
Low-level carcinogen in glass baby food jars
The European Food Safety Authority (EFSA) has released a risk assessment regarding semicarbazide (SEM) in food, which reveals that SEM is present, in very small quantities, in certain foods packaged in glass jars and bottles.
The EFSA says that..
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01 November 2003
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160 - 01 November 2003
GPs divided over Atkins diet
Nearly 30% of GPs would advise a patient to stay obese rather than go on the controversial low-carbohydrate Atkins diet. This is according to a survey carried out by medical website onmedica.net. But 33% said they would recommend it in some..
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01 November 2003
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160 - 01 November 2003
HRT comments condemned
A German professor of pharmacology, who is also head of the German Commission on the Safety Medicines, was reported to have told a conference in the UK that HRT is comparable to thalidomide. He was reported to have said, “More women have..
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01 November 2003
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160 - 01 November 2003
Health scare affects HRT use
Research has found that 58% of women stopped taking Hormone Replacement Therapy after the media reported on trials showing it increased the risk of breast cancer. The research, reported in a number of papers, found that 18% began taking HRT again..
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01 November 2003
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160 - 01 November 2003
Obesity in UK rising
Research shows that obesity in children is rising with 8.5% of six-year olds obese. In adults, nearly two-thirds of men and half of women are either overweight or obese, according to the Health Development Agency.
The agency added that the costs of..
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01 November 2003
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160 - 01 November 2003
Time for proper reflection required
The claimant claimed damages from her general practitioner for negligence. Counsel for both parties asked the judge to try the issue of negligence so that the issue of causation could be tried at a later stage with appropriate neurological..
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01 November 2003
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160 - 01 November 2003
Reported authorities allowed
An employee brought proceedings for unfair dismissal. At the employment tribunal hearing, the employer (a director) appeared in person. The tribunal, after hearing the parties, gave judgment in the employee’s favour, in so doing, cited, and..
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01 November 2003
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160 - 01 November 2003
No duty of care if not work related
The claimant was undertaking a work placement at a hotel in Antigua. During a dive, the claimant suffered a serious injury. The dive was completely unconnected to his work.
He brought a claim against his English employers under the jurisdiction of..
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01 November 2003
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160 - 01 November 2003
No duty of care to parents
Three appeals were heard together in which accusations of abusing a child were made against a parent by professionals concerned with the child’s welfare. Those allegations proved to be false. The parents, and in one case a child, claimed..
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01 November 2003
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160 - 01 November 2003
Primary victim and psychiatric injury
An employee who was an active participant in an accident suffered at work, was a primary victim, and could therefore recover damages for psychiatric injury from the incident without the need to overcome the control mechanisms laid down by the House..
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01 November 2003
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160 - 01 November 2003
Inspection of documents requires reasonable grounds
The restriction on obtaining an order for the inspection of specific documents referred to in the reports of expert witnesses prevented a party calling for disclosure without having reasonable grounds for considering that the statement of..
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01 November 2003
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160 - 01 November 2003
No duty to bar access to playing fields
The court ruled that since playing fields cannot be made free of all hazards, the fact that a school had diagnosed a possible or potential hazard did not mean it was duty bound to take further steps to make access or use impossible.
The court..
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01 November 2003
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160 - 01 November 2003
Racial discrimination award not excessive
The Court of Appeal ruled that a compensation award of £8,000, made under the Race Relations Act 1976, to an employee against an employer for injury to feelings together with aggravated damages relating to a single direct incident of racial..
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01 November 2003
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160 - 01 November 2003
Conventional sum not compensation
The House of Lords ruled that a mother with a severe visual disability who gave birth to a healthy child after a failed sterilisation operation was not entitled to claim the extra costs of bringing up the child, related to her disability. However,..
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01 November 2003
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160 - 01 November 2003
Analysis of evidence and a decision necessary
The Court of Appeal ruled that a judge hearing an action for negligence should analyse the evidence and decide which party’s case was the more likely to be correct, except in the most exceptional case.
The court allowed an appeal by the..
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01 November 2003
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160 - 01 November 2003
No discrimination over age limits
The Employment Appeal Tribunal ruled that the provisions of the Employment Rights Act 1966, which prohibited applications to employment tribunals by men and women over the age of 65 who wished to claim unfair dismissal or redundancy payments, were..
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01 November 2003
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160 - 01 November 2003
Cost of future care calculations
Personal injury claimants could not try to show that the cost of their future care would increase at a much steeper rate than general inflation. If they did, it would amount to an illegitimate attempt to subvert the discount rate set by the Lord..
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01 November 2003
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160 - 01 November 2003
Collective conditional fee agreements
The Court of Appeal ruled that in a case where the claimant’s litigation was funded by a third party under the terms of a valid collective conditional fee agreement, the claimant was under a legal obligation to pay the costs incurred under the..
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01 November 2003
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160 - 01 November 2003
Asbestos widow claim
The widow of a man who died from asbestos-related cancer has won £95,000 in damages. The man died eight years ago aged 81 from cancer of the lining of the lungs. His 88-year old widow claimed that her husband’s disease resulted from..
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01 November 2003
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160 - 01 November 2003
Ear piercing compensation
A 13-year old boy who suffered a severe infection requiring surgery after having his ear pierced was awarded £22,000 in compensation. He was left with one ear shorter than the other, and will require further operations. The shop and its..
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01 November 2003
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160 - 01 November 2003
Damages for no referral
The family of a patient who died from endocarditis, a potentially fatal infection of the heart that affects the valves and heart chambers, has received more than £400,000 in damages. The hospital admitted liability.
Despite a diagnosis of..
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01 November 2003
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160 - 01 November 2003
Dog bites prison officer
A female prison officer who was bitten on the arm by a guard dog while on duty has been awarded more than £300,000. The woman was medically retired from the prison service at the age of 33.
The settlement was made by the Prison Service, which..
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01 November 2003
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160 - 01 November 2003
Dome performer’s award
An aerial performer who was seriously injured when she fell from a harness whilst performing at the Millennium Dome has been awarded £510,000 in compensation, the largest award to a performer for injury. The performer, who was also a successful..
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01 November 2003
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160 - 01 November 2003
Catholic school abuse damages
A former pupil at a Catholic school who was sexually abused by a housemaster is to receive more than £140,000 in compensation and legal costs from the Roman Catholic Church. The man, now 24, was abused together with two other boys, when aged..
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01 November 2003
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160 - 01 November 2003
Cyclist payment after accident
A cyclist has been awarded damages up to £5mn in an out-of-court settlement after being hit by a car. The cyclist suffered severe brain damage, paralysis in his legs and arms and is unable to speak coherently.
The 35-year-old man had received..
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01 November 2003
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160 - 01 November 2003
Learning disability children win abuse case
Damages of £122,500 have been paid to five children with learning disabilities who were sexually and emotionally abused at their school. The case was settled and the council admitted liability. A support assistant at the school was jailed for..
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01 November 2003
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160 - 01 November 2003
Learning disability adults win abuse case
A settlement of an estimated £1mn has been agreed by a council in a group action brought by 54 disabled adults who suffered abuse, either physical or sexual, at two care homes.
It was reported to be the first time that compensation has been..
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01 November 2003
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160 - 01 November 2003
Awards for non-overlapping injuries not discounted
Courts may choose not to discount total awards for pain, suffering and loss of amenity where injuries do not overlap. This is according to Davies Lavery in reference to a recent case George v Stagecoach South East London & Kent Bus Co Ltd
, as..
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01 November 2003
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160 - 01 November 2003
£3.4mn for brain damage at birth
A girl who suffered severe brain damage at birth has won £3.4mn in compensation. Staff at the hospital failed to recognise signs of foetal hypoxia. The girl, now 12, suffered partial suffocation during delivery and was left with severe cerebral..
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01 November 2003
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160 - 01 November 2003
Prison officer sues inmate
A prison officer who was held hostage by an inmate with a knife has won damages of £3,500. The officer sued the inmate after he heard that the prisoner had successfully sued the council for £75,000 for failure to take account of his..
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01 November 2003
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160 - 01 November 2003
£5.6mn damages for cerebral palsy child
A child with cerebral palsy has received a settlement of £5.6mn in damages. The seven-year-old received negligent care and treatment at the time of his birth at a London Teaching Hospital, according to the plaintiff’s lawyers, Leigh Day..
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01 November 2003
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160 - 01 November 2003
Jury to decide Twin Towers claim
The US Court of Appeals has confirmed that a jury will have to decide whether the terrorist attacks on the Twin Towers constituted one or two “occurrences.” Observers say that this is a setback for Silverstein Properties, which is..
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01 November 2003
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160 - 01 November 2003
Pensioners lose unfair dismissal case
Two pensioners who had won the right to claim unfair dismissal and redundancy pay at a tribunal have lost their case at appeal. The Government had appealed the decision, which would have meant new employment rights to those over 65.
Employees cannot..
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01 November 2003
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160 - 01 November 2003
Disabled compensation test cases fail
The Court of Appeal has thrown out three test cases involving two road accident victims and a child who suffered brain damage at birth. The cases involve an argument that many disabled people are being under-compensated because payouts calculated to..
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01 November 2003
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160 - 01 November 2003
Bottom act sues
..
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01 November 2003
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160 - 01 November 2003
E&Y sued for negligence in fraud case
A judge has allowed a £300mn negligence case against Ernst & Young (E&Y) brought by Freightliner, a subsidiary of DaimlerChrysler. The case alleges that E&Y failed to follow up on tip-offs about fraud. The alleged fraud relates..
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01 November 2003
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160 - 01 November 2003
US company sued over alleged Muslim discrimination
The US Equal Employment Opportunity Commission (EEOC) is suing the Plaza Hotel and Fairmont Hotel and Resorts for racial discrimination related to the events of 11 September 2001 against a class of Muslim, Arab, and South Asian employees.
The New..
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01 November 2003
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160 - 01 November 2003
NFL sued for promoting drinking
In yet another example of US litigants widening the net and looking for deep pockets, the National Football League (NFL) in the US is being sued over a motor accident. The family of a six-year-old girl who was seriously injured in an accident..
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01 November 2003
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160 - 01 November 2003
IBM in cancer litigation
A report in the New York Times
says that the electronics industry is closely watching a lawsuit filed against IBM by two former employees in California. They claim to have developed cancer from exposure to chemicals used in the manufacture of..
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01 November 2003
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160 - 01 November 2003
Labour Party guilty of racial discrimination
The Labour Party has been found guilty of racial discrimination and victimisation against a former Birmingham City Councillor, according to the Commission for Racial Equality (CRE).
An employment tribunal ruled that the Labour Party discriminated..
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01 November 2003
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160 - 01 November 2003
ESG Re sues Deloitte & Touche
ESG Re, a Bermuda company with a Dublin based insurer and reinsurer, has filed a legal action against Deloitte & Touche (Ireland), Deloitte & Touche (Bermuda), Deloitte & Touche (US) and Mary Fulton, a partner of Deloitte &..
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01 November 2003
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160 - 01 November 2003
School ground injury damages overturned
A High Court judge has overturned a damages award of £4,250 made to a boy who broke his arm when he fell off a swing. The boy, aged 5 at the time of the accident, had strayed into a school playground during the sports day. The damages had been..
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01 November 2003
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160 - 01 November 2003
Interesting challenges ahead
“The current interplay between legal environments and the insurance sector in Europe brings interesting challenges for organisations wishing to manage or transfer their risks,” said Guy Malyon, editor of the European report and managing..
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01 November 2003
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160 - 01 November 2003
Wide variance in behaviour
According to Marsh, the UK figures reveal the wide variance between buying behaviour and costs across UK industry sectors. In nearly all cases, the average limit purchased by the UK companies surveyed was lower in 2003 than in 2002. But the price..
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01 November 2003
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160 - 01 November 2003
Study findings
The study found that UK companies purchased on average 19% lower limits of cover for general and product liability insurance in 2002 and early 2003 than in the previous 12 months. Marsh explains that this comes at a time when awards in the US are..
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01 November 2003
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160 - 01 November 2003
The growing liability gap in the UK
There is a widening gap for many businesses between their potential liability risk and their insurance protection. This is according to a survey of liability limits in the UK by Marsh, ‘Limits of Liability Europe 2003’
.
Marsh’s..
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01 November 2003
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160 - 01 November 2003