Citizens for Safe Technology
Empowering the public to protect children
and nature from unsafe wireless technologies.
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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
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
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. . . .
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."
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."
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.
CBC The National with Wendy Mesley (first posted September, 2010)
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 . . .
Israel: Partner Communications, which operates in Israel under the name Orange, will pay NIS 400,000 to a customer who contracted cancer in his ear.
PARTNER, one of the top 3 Israeli cell phone companies, will pay 400,000 NIS
(~US $100,000) to a cancer victim who prosecuted Partner because the company
did not warn agents of cell phone use in shelter rooms (with reinforced
concrete). The Cancer victim is a law attorney who used 2 cellphones in his
office which was in a shelter room, since 2003. The attorney was diagnosed
with lymphoma right above the left ear where he used to hold his phone when
The claim was issued in 2010 and was settled in an agreement between the victim and the cell phone company.
"PARTNER Communications, which operates in Israel under the Orange brand name, has reached a settlement with a customer who claims he contracted cancer after using one of their devices.
"The customer, who is in his 50s, sued Partner in May, claiming that intensive use of the device resulted in an aggressive lymphoma near his left ear. Partner agreed to pay NIS 400,000 in an out-of-court compromise settlement.
"The customer is an attorney who had converted the secure room - a reinforced room that doubles as a bomb shelter and is common in most new Israeli homes - into an office. He claimed that he conducted a great deal of phone calls and business from the room, where cellular reception was low. In places without good phone reception, such as elevators and secure rooms, the electromagnetic radiation from cellular phones is higher than usual . . .
"OPT-IN" Rule - KIUC agrees to "By Permission Only Opt-In Agreement"
"The landmark Federal Court case of "ADAM ASQUITH vs. KAUAI ISLAND UTILITY COOPERATIVE" for injunctive relief ended in an out of court settlement when KIUC's motion to dismiss was voluntarily withdrawn on April 25, 2012.
"The case was settled without going to trial. This was agreed upon at the first hearing on the injunction where the judge severely admonished KIUC. KIUC agreed that they did not want it to go to trial and agreed to settle with Adam on his complaint . . .
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Citizens For Safe Technology
"Wi-Fi: Is It Safe?"
Citizens for Safe Technology is a not-for-profit educational society made up of parents, grandparents, teachers, business professionals, scientists, politicians and lawyers concerned about the exponential increase in public exposure to harmful wireless technologies.
We believe a profound urgency exists to protect the unsuspecting public, especially children, youth and pregnant mothers from unsafe wireless technologies.
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