Journal Articles Listed latest first
“Age to me means nothing.”
by Roger Bray
This article discusses the author’s personal views on age discrimination practised by insurance companies.in relation to travel insurance.
“This Place Is Not Suitable For Humans.” Online Hotel Reviews - The Way Ahead?
by Roger Bray
This article examines the value of online hotel reviews and concludes that they are not the complete answer to hotel classification problems.
‘Good Night, Sleep Tight, Don’t Let the Bed Bugs Bite’: Hotel Liability for an Old Scourge
As a result of a resurgence in the numbers of bed bugs there now are nearly a dozen reported court cases in which a hotel has been sued for bed bug injuries. This article examines these decisions and then suggests a simple means for analysing a hotel’s exposure in a bed bug case.
A Cruise Passenger’s Stateroom is his Castle But US Customs Agents Can Search it Without a Warrant
In US v. Whitted, a federal appeals court resolved “a [US constitutional] question of first impression” by deciding that Customs agents must have “reasonable suspicion” to justify a border search of a passenger cabin aboard a cruise liner arriving in the United States from a foreign port. While “reasonable suspicion” is well below the usual standard of proof required for a search of protected areas (a search warrant or probable cause), the court reasoned that the rule would provide sufficient latitude to law enforcement officials to pursue those using cruise ships in illegal narcotics trafficking while protecting innocent passengers from intrusions on their privacy.
A Geographic Test to Determine Eligibility for BP Spill Compensation? Florida Hoteliers Chime in.
by Bruce Urdang
This article discusses the criteria which will be used to govern compensation payments for hoteliers whose business was disrupted by the BP oil spill.
A guest editorial by Alan Lumsden
by Alan Lumsden
The author, a lifelong insurance man, responds to the articles by Roger Bray and Noel Josephides in this issue of the journal.
A Guest Editorial by Peter Stewart
This guest editorial, written by Peter Stewart, examines the ATOL Consultation Document published in June 2011 by the Department for Transport and suggests that, either by accident or design, the draft regulations have, much to everyone’s surprise, caught airlines within its net of insolvency protection.
A Lot of Hot Air
This article discusses the case of Laroche v Spirit Of Adventure (UK) Ltd [2009] EWCA Civ 12. 21st January 2009 in which the claimant was injured when the hot air balloon in which he was being carried crashed. The case turned on the issue of whether the hot air balloon was an aircraft for the purposes of the Warsaw Convention and if so whether proceedings had been issued within the relevant limitation period.
A Package Or Not A Package: That Is The Question
This article discusses a problem submitted by a tour operator following the cancellation of flights because of the bad weather affecting airports in December 2010
A Primer on Litigation Issues Involving Foodborne Illness
by James Eiler
This article provides an overview of litigation issues concerning foodborne illness and environmental toxins
