Liability Insurance Report provides summaries of interesting articles from the international insurance press as well as reports of recent court cases and developments in legislation. Contributions vary in detail, but are always short, focused and to the point.
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Issue: April, 2012 Language: English
Summary:
News Summaries:
EU/France: Product Liability Directive does not Ban Negligence Based Liability on Persons Other than the Manufacturer / France: Crop Science Firm Monsanto Responsible for Health Damages Caused by Herbicide / Italy: Historical Verdict in Asbestos Case / Canada: Settlement Reached Between Merck and Vioxx Victims
Article:
UK Supreme Court upholds Damages (asbestos-related conditions) (Scotland) Act 2009 |
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Issue: January, 2012 Language: English
Summary:
News Summaries:
Australia: Out-of court assessors can settle claims for future economic loss in the form of a financial buffer / Denmark: Compensation for neighbours of wind farms
Europe: Commission Recommendation on the definition of nanomaterial / Europe: Hydraulic fracturing ("fracking") is potentially illegal due to breach of the REACH Directive / International: CEFALO study of mobile phone radiation and brain tumours in children and young people |
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Issue: September, 2011 Language: English
Summary:
News Summaries:
EU: European class actions becoming unlikely / EU: Member States may in future ban the cultivation of genetically modified plants / Mexico: Class action legislation adopted / Ukraine: New laws dealing with consumer protection / USA: Henkel sued on account of hand soap with the active substance Triclosan
Article
Italy: Supreme Court rules that, henceforth, compensation should be determined in accordance with the Milan table |
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Issue: June, 2011 Language: English
Summary:
News Summaries:
Germany: Federal Supreme Court orders Deutsche Bank to pay compensation for breaching its duty to provide advice in an interest rate derivative business transaction / EU: Commission tightens the rules for oil-drilling operations and is planning to extend the scope of the EC Environmental Liability Directive / USA: Food Safety Modernization Act permits FDA recall of foodstuffs / United Kingdom/Scotland: Insurers lose lawsuit against the Scottish Damages (asbestos-related conditions) Act |
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Issue: March, 2011 Language: English
Summary:
News Summaries:
European Union: Public consultation on the introduction of class actions in Europe has begun +++ Legislative initiative to protect against counterfeit medicines +++ Amendment of the EC Cosmetic Products Regulation to include rules on nanoparticles / European Union/Germany: Treatment errors and hygiene deficiencies in hospitals / United States: Courts do not have the power to decide on the possible risks of mobile phone radiation |
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Issue: January, 2011 Language: English
Summary:
News Summaries:
Germany: Draft bill on judicial mediation / Europe: Public consultation exercise on class actions / Report on the effectiveness of the Environmental Liability Directive
Article:
United Kingdom: EL trigger litigation - continued uncertainty and potentially huge impact on Public Liability insurance |
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Issue: September, 2010 Language: English
Summary:
News Summaries:
Australia: New duty of notification to ensure product safety / Europe: European e-justice portal online / Germany: Duogynon - pharmaceutical accident with Contergan-like dimensions? / India: Mild judgements after the chemical disaster in Bhopal / Poland: Class Actions introduced / Thailand: Medical malpractice victim protection bill stalled / United Kingdom: Collective actions against UK furniture stores on account of "toxic" sofas from China successful
Article:
Switzerland: Inconsistencies in the Federal Act on Product Safety / United Kingdom: Provisions relating to collective actions in the Financial Services Bill 2009 |
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Issue: April, 2010 Language: English
Summary:
News Summaries:
Europe: Softening of the draft EC directive on collective redress / New directive announced for RAPEX / France: Warning against ruptures in breast implants / Italy: New law on mandatory mediation in the case of insurance disputes / United Kingdom: Damages for consequences of asbestos exposure / USA: Nanotechnology Safety Act of 2010
Article:
Substitution of the defendant after expiry of the 10-year limitation period - Judgement of the European Court of Justice dated 2 December 2009, C-358/08 |
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Issue: February, 2010 Language: English
Summary:
News Summaries:
China: First civil law proceedings following the powdered milk scandal / EU: European Court of Justice overrules the European Commission's decision governing the reduction of permitted CO2 emissions in Poland and Estonia / EU/Belgium: Study into the application of General Equal Treatment Act with regard to financial services commissioned / Italy: First-ever class action aimed at banks / South Africa: New Consumer Protection Act signed / United Kingdom: Newly established Supreme Court assumes its duties / United Kingdom/Scotland: Law governing asbestos-related damage declared lawful / USA: Smoker awarded compensation of USD 300 million against Philip Morris |
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Issue: October, 2009 Language: English
Summary:
News Summaries:
Canada: Bill limits thresholds for plasticizers (phthalates) in children's toys / EU: Introduction of a self-notification option for dangerous products / Italy: Admissibility of claims-made clauses in liability policies? / UK: No general adoption of class action lawsuits / House of Lords: Accountants not liable in case of fraud by the audited company / Product liability: Requirements for proof of causality in the event of faulty instructions / USA: Under a tobacco ruling, further reduction of damages to USD 13.8 m / US Supreme Court upholds lawsuit on grounds of reverse discrimination |
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Issue: July, 2009 Language: English
Summary:
News Summaries: EU: Approval of new Cosmetics Directive / France: Decree pertaining to the implementation of the Environmental Liability Directive / No liability for vaccination injuries /
Netherlands: No liability on the part of the financial supervisory authority / USA: Consumer Product Safety Improvement Act updated / Court awards damages of USD 7.5 million to workers
in popcorn factory /U.S. pharmaceutical manufacturer loses case: Federal law does not necessarily have precedence in drug lawsuits |
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Issue: March, 2009 Language: English
Summary:
News Summaries: Canada: CAD 25 million settlement concerning infected food / EU: EU plans - introduction of class actions in Europe? / International: Is Bisphenol-A harmful? / UK: Environmental Liability Directive became law in England äs of 1 March 2009 / USA: Drug companies can also be held liable for side effects of generic products / Court dismisses class action againsta manufacturer of mobile telephones /
U.S. Supreme Court judgment rules thattheapplicatioi of mdividual state law regarding advertising for "light" cigarettes is permissible / Rhode Island Supreme Court lead-paint decision rejects products liability claim brought under public Nuisance laws
Article Summary
UK - Durham v. BAI and others: a clear ruling on UK employers' liability insurance" (Dr. Mathias Schubert, PHi 2009, 2) |
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Issue: November, 2008 Language: English
Summary:
News Summaries:
Belgium/EU - ECJ: There can still be discrimination even where there is no victim / France - Asbestos: Company ordered to make a payment of EUR 850,000 / United Kingdom/EU - ECJ: Parties other than the disabled person can complain of discrimination on grounds of disability / United Kingdom/Scotland - Scotland proposes a Bill creating a duty of compensation for pleural plaques / USA - Connecticut Supreme Court reduces asbestos compensation due to the contributory effect of smoking / USA - Tennessee Supreme Court confirms USD 13 million judgment against DaimlerChrysler / USA - EPA publishes proposal to regulate greenhouse gases / USA - 2008 Sunshine in Litigation Act is intended to provide protection against product hazards
Article:
USA - Martin Ahlhaus and Prof. Dr. Thomas Klindt onProduct safety law ("New Consumer Product Safety Improvement Act of 2008", PHi 2008, 197) |
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Issue: June, 2008 Language: English
Summary:
News Summaries:
EU - Rome II Regulation enacted / EU - In the future, claims for compensation against violators of cartel law should be possible / Thailand - New product law passed / UK- Draft bill makes provision for compensation for pleural plaques / UK - No liability on the part of holiday travel companies for "obvious risks" / UK - Settlement in the first diacetyl proceedings / USA - Only foreseeable risks substantiate product liability / USA - US Court of Appeal dismisses USD 800 billion class action against tobacco groups / USA - Manufacturer of medical products protected against liability law claims given due approval procedures / USA - Current rulings in lead paint cases / USA - The highest sums awarded in 2007 |
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Issue: January, 2008 Language: English
Summary:
News Summaries:
UK - Age discrimination in consequenceof a changed company pension scheme objectively justified / UK - New 2006 Companies Act will alter liabilities / UK - Corporate Manslaughter Act introduces corporate criminal law / UK - Pleural plaques - new trend-setting ruling / USA/China - Draft law stipulates financial guaranteefrom importers for recall and product safety risks / USA - California sues toy manufacturer for omitting notices warning of excessive lead concentrations |
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Issue: September, 2007 Language: English
Summary:
News Summaries:
China - Toxic tooth paste is only the tip of the iceberg: monitoring and combating dangerous Chinese products / EU - Technological initiative for nanoelectronics / Hungary - Harmonization of environmental liability law / Spain - Judicial clarification on paragraph 4 of section 20 of the Spanish Insurance Contract Act 1980 (payment of a special interest rate in the event of late payment) / United Kingdom - No liability on the part of the legal successor for contaminated plot of land / USA/Germany - Class actions are having repercussions / USA - Recent developments in securities class-action suits
Article Summary:
UK/Australia - Francis Kean & Roderick McLauchlan on Litigation Funding ( Litigation Funding: a growing concern? Insurance Day, 13 July 2007) |
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Issue: July, 2007 Language: English
Summary:
News Summaries:
Australia - Psychological consequences of a crime imputable under liability law / EU - Class actions in Europe? / EU - Agreement on Rome II Decree / EU - Agreement on procedures for small claims / Netherlands - Shell reaches a collective settlement with its shareholders to the amount of USD450m / USA/Vietnam - Appeal hearing of Agent Orange victims / USA - Asbestos: It's still out there / USA - Supreme Court reverses punitive damages ruling to the amount of USD55m / USA - Opt-out proceedings popular in the case of class actions
Article Summary: Europe - Tim White explains ways in which firms can better identify and manage the liability risks arising from the EU's REACH legislation ("Chemistry test", Post Magazine, 7 June 2007) |
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Issue: May, 2007 Language: English
Summary:
News Summaries: Germany - Parliament passes environmental liability law / EU - RAPEX report 2006 has been published / France - Greater Transparency for Medical Liabilities) / Romania - Innovative mandatory D&O rules / USA - Supreme Court Ruling may open gates for more climate change legislation / USA - Each exposure to asbestos a separate occurrence? / USA - Ambiguous decision on punitive damages / USA - Class Action Fairness Act at two
Article Summary: USA - Lianne S. Pinchuk on Fast Food Lawsuits ("Are Fast Food Lawsuits Likely to Be the Next 'Big Tobacco'?", The National Law Journal, February, 28, 2007) |
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Issue: February, 2007 Language: English
Summary:
News Summaries: UK - Pharmacist's duty of care also extends to thorough checking of the dosage amount of a repeat prescription / UK - Extension of Liability in Professional Indemnity Insurance Cases / UK - Periodical payments for future loss of earnings and future care costs linked to Average Earnings Index rather than to Retail Prices Index? / UK - Vexatious Acts / UK - Asbestos exposure at film set: New setting, not so new issue / EU - REACH: Timeline for Phase-in / Italy - Accountancy firm pays USD149m to Parmalat
Article Summary: Canada - Gloria Gonzalez on Recent Developments in Civil Procedure Law ("Canadian court decisions may cut costs, class actions," Business Insurance October 30, 2006)
Article: Alessandro P. Giorgetti, Italy adopts a radical and far-reaching insurance code |
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Disclaimer
These reports were compiled by Gen Re and are intended to provide background information to our clients, as well as to our professional staff. The information is time-sensitive and may need to be revised and updated periodically. It is not intended to be legal advice. You should consult with your own legal counsel before relying on it.
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