Hi All
This news article is actually a year old, but it is still of great significance - the next big liability action!
Martin Weatherall
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Daily News Monday, October 22, 2007
Lloyd's preparing for personal injury related to cell phone use
Lloyd's of London is preparing for the next big liability action — for personal injury damages based on the use of cell phone technology."Mobile phones are now so ingrained in our daily lives that the thought of living without them is impossible," Lloyd's notes in a posting on its Web site. "Commercially and personally, mobile technology has revolutionized the way in which we live.
"So what would happen if, say in 20 years time, the link between the electromagnetic fields (EMF) generated by mobiles is proven to be linked with a higher susceptibility to illness? How are London's underwriters protecting themselves from opening the floodgates to future claims without prejudicing policyholders?"
Lloyd's says the number of reports on mobile telecommunications and its impact on health is "immense," and "the study findings are often conflicting."
Jon Upshall, the director of casualty broking for Aon Global, which specializes on the telecom and media sectors, added: "There is ongoing debate as to whether there is a causational link between EMF emissions and leukemia, with the present weight of scientific evidence suggesting there is no correlation."
Still, notes Guy Malyon, head of casualty broking for Aon Global, there remains a possibility that a link could be proven. "The concern is that it could be the next big thing," he says. "In the U.S., there is also the risk that U.S. plaintiff lawyers could use the class action rules there to pursue EMF related actions in the way that they have tried previously with tobacco and other perceived health hazards. A similar thing could happen with mobile phones."
"Who knows, they could be forced to put warnings on the phones to prevent lawsuits in the future," he added.
Malyon said underwriters assess the possible impact by being industry specific and assessing the risks accordingly. "There are markets that will write telecoms liability cover which provides express coverage for bodily injury and property damage due to EMF exposure and there are those that won't," he observed. "Each side will get all the information coming through. It is hard to prove that the closer you are to an electric pylon the more damage it causes."
Canadian Underwriter, 10/22/2007
