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Insurance and Liability


INSURANCE and LIABILITY: INTRODUCTION to TOPIC



Mar 22
2014

Swiss Re SONAR - Emerging risk insights

represents important concern for the industry and its clients

Note that the highest risks showing in this insurance document are power supply loss and EMR effects.

"This Swiss Re SONAR report features emerging risk topics which could impact the insurance industry in the future. . . .

"Risks are a moving target. They are constantly changing or newly developing. That makes it difficult to quantify and judge them. The earlier the insurance industry starts adapting to emerging risks, the better prepared it will be for tomorrow's challenges. Foresight and knowledge sharing across stakeholders are essential to navigate into a future in which change might be the only constant that remains.

Executive Summary
Introduction
Terms and definitions
Emerging risk insights 

  • Property 
  • Casualty 
  • Life and Health 
  • Financial Markets 
  • Claims 
  • Operations 
Conclusion




Mar 16
2014

Can an Italian Court Change the Insurance Landscape in America?

November 29, 2012: disability payments, excessive cell phone use, Italy Supreme Court, RF radiation claims

Italy's Supreme Court recently upheld a ruling that allowed disability payments to a businessman who claimed his brain tumor was tied to his excessive cell phone use. Can this ruling potentially lead to future litigation in the U.S. and elsewhere? Can it somehow alter the insurance landscape? Yes, it can. . . .

"Solutions to other emerging risks still need to be developed, but there is already a readily available no-cost solution for handling third-party worker over-exposure to RF radiation. While an immediate solution may not yet be available to protect those exposed to RF radiation from their handsets, a San Diego-based company, RF CHECK, Inc., has developed a solution to protect participants in the wireless ecosystem exposed to RF radiation at the numerous wireless antenna sites across the country. The wireless ecosystem includes service providers, and all those property owners hosting antenna sites, including government entities, healthcare, transportation and educational facilities. This viable solution will not only protect the third-party workers from exposure to RF radiation, but will also preserve a revenue stream for the insurance industry while improving customer service.

"The Italian court ruling could open the floodgates on RF radiation claims. Without adoption of any solutions, the insurance industry could be faced with a repeat of its asbestos experience, even as it avoids writing current coverage via exclusions. That would most certainly change the insurance landscape."




Jan 17
2014

Employer Liability for Employee Cell Phone Use on the Rise

Excerpted from Risk Monitor Volume 3 No. 3 - Elliot Whittier Insurance

"The principal of vicarious liability states that an employer is responsible for the harm caused by its employees if the employees are acting within the scope of their employment at the time an accident happened.

"Employers are facing increasing liability as a direct result from their employees' cell phone use. So why is this the next legal frontier? The number of lawsuits involving employer liability for traffic accidents caused by employee cell phone usage is steadily growing, as well as lawsuits based on health problems associated with cell phone use. . . .


ALSO: Insurance and Liability of Wireless Communication Carriers




Jan 17
2014

Can wireless companies get insurance for claims made based on adverse effects on users' health caused by their devices?

Insurance and Liability of Wireless Communication Carriers

This category contains information about whether wireless companies can get insurance for claims made based on adverse effects on users' health cause by their devices. The evidence is strong enough that the WHO, which tends to be a conservative organization, placed RF/EMF in the "possibly carcinogenic" category. And plaintiffs claiming their health was harmed by exposure have won recent court cases. In addition, awareness about the issue of RF from cell phones causing adverse health effects is getting better, so insurance companies are watching. Of course, as more people have adverse effects and identify them, awareness will naturally be increased. The 2011 categorization of RF as a possible carcinogen increases the concern as well.

In this category, we present documents from insurance companies, court cases that have awarded compensation for RF radiation adverse health effects, industry defense attorneys, actuaries, and from the news and web media. One telecom company, Airtel-Vodafone does not mince words. They claim limits of liability for any adverse RF health effects in their contract with the user, and maintain that they do not have to carry tort or liability insurance.

We have provided the entire Terms and Conditions from Airtel-Vodafone. In filing 9.21 Intervenors provide a brief on this category.

ALSO: Employer Liability for Employee Cell Phone Use on the Rise




Dec 5
2013

Insurers exclude risks associated with electromagnetic radiation

No consensus reached on EMR's effect on health

EXCLUSION - ELECTROMAGNETIC RADIATION

This insurance does not apply to:

(1) "Bodily Injury," "property damage," or "personal and advertising injury" arising out of, resulting from, caused by or contributed to by electromagnetic radiation, provided that such injury or damage results from or is contributed to by the pathological properties of electromagnetic radiation; or

(2) The costs of abatement or mitigation of electromagnetic radiation or exposure to electromagnetic radiation.

This exclusion also includes:

(a) Any supervision, instructions, recommendations, warnings or advice given or which should have been given in connection with the above; and

(b) Any obligation to share damages with or repay someone else who must pay "damages" because of such injury or damage. . . .




Sep 26
2013

Project 2020 Scenarios for the Future of Cybercrime

White Paper for Decision Makers -Business Insurance

Future cyber attacks could attack medical implants - or wage "psychological war" in virtual reality, Europol warns

"Cyber attackers could target energy supplies, wearable computers in future: Study September 26, 2013 - 5:44am

"Cyber criminals could start attacking energy supplies, wearable computers and medical implants, a study on emerging threats has said.  

"The study also foresees criminals undertaking bio-hacks that could beat biometric authentication systems, OODA Loop reported. The criminals could also cause psychological harm to people through attacks in "virtual reality."




Sep 1
2013

Illusion and Escape: Are We Being Deceived?

The Cell Phone Disease Quagmire - George Carlo (October 2008) (fro The American Trial Lawyer)

An article by Dr. George Carlo in the American Trial Lawyer, a magazine for trial lawyers and a voice for justice:

FACT: Cell Phones Cause Disease
FACT: Orchestrated Illusions Have Shaped Public Opinion
FACT: The Industry Has Escaped Accountability
FACT: Legal and Legislative Actions Are Necessary


"
When cell phones were first proposed for consumer use in 1983, the fledging wireless communications industry convinced the Food and Drug Administration (FDA) that pre-market safety testing was not necessary. The rationale: cell phones were like little microwave ovens that operated at power levels too low to cause heating. Thus, because cell phones could not be used to cook food, they were deemed safe by the FDA. This core mistake in1983 became the foundation for a quarter-century public health threat that increases daily."




May 8
2013

To Utility Companies

Position Statement on Digital Utility Metering - addressed to utility company policymakers and regulators (Jerry Day)

This is a new video from Jerry Day about the laws being broken in the interests of wireless smart meter programs and devices.  He is speaking about US laws, not Canadian ones, but Federal Canadian laws are being broken as well, by not allowing a free, no-cost choice. Our democratic rights must be fought for in Canada as well as the US, and worldwide.  


  • This video is a resource for all those who oppose to Smart Meters and other digital utility meters. 
  • This video may be used for unedited and unaltered reproduction for public viewing in all media without license or fee. 
  • This video can be embedded and copied for the purposes of public presentation. 
This video is particularly suited for presentation at public meetings where power company officials and/or utility regulatory officials are taking comment from the public. If the meeting does not allow 5:30 for one individual's comments, submit this video on behalf of two individuals.




Mar 20
2013

Cellphone safety: What aren't they telling us?

CBC The National with Wendy Mesley (first posted September, 2010)

Cellphone safety:What aren't they telling us?
Insurance companies won't insure wireless device health risks.
We keep hearing studies saying we don't need to worry about cellphones. Wendy Mesley speaks with scientist and author Devra Davis.








Mar 12
2013

Reduction of Electrosmog in Wireless Local Networks (Swisscom Patent Document)

Swisscom Patent document states RF/EMF is genotoxic - World Intellectual Property Organization

"This invention relates to a method and system for reduction of electrosmog in wireless local area networks (WLAN), one or more mobile network units communicating with a base station by means of radio frequency signals in a wireless local area network, which base station amplifies the radio frequency signals of the mobile network unit and/or connects the wireless local area network to a wired fixed network by means of bridge functions. In particular, the invention relates to a method and system in which a WLAN comprises a plurality of access points with differing transmission cells.

"The influence of electrosmog on the human body is a known problem. . . .

"These findings indicate that the genotoxic effect of electromagnetic radiation is elicited via a non-thermal pathway. Moreover aneuploidy is to be considered as a known phenomenon in the increase of cancer risk.

"Thus it has been possible to show that mobile radio radiation can cause damage to genetic material, in particular in human white blood cells, whereby both the DNA itself is damaged and the number of chromosomes changed. This mutation can consequently lead to increased cancer risk. In particular, it could also be shown that this destruction is not dependent upon temperature increases, i.e. is non-thermal. Based on the scientific studies in the field, and owing to increasing pressure from the public, especially in the industrialized countries, epidemiological studies have been systematized by the World Health Organization (WHO) in the last few years, such as e.g. the currently running WHO Interphone Project, in order to be able to assess more precisely the health risks from electrosmog and work out corresponding guidelines . . .




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