Employer’s liability claims, particularly those concerning mesothelioma caused as a result of exposure to asbestos, have kept the courts busy in recent times. In International Energy Group v Zurich Insurance Plc (UK) Branch1the insurer, Zurich, challenged the insured’s entitlement to a full indemnity of a settled claim. At first instance, the Commercial Court held that the insurer only had to provide an indemnity in proportion to the time it was on risk. On appeal, however, the insured was successful in obtaining a full indemnity from the insurer regardless of the time it was on risk.
Background
The case proceeded on the basis of agreed facts. Mr Carré was employed by IEG for 27 years, during the last six of which IEG had taken out employer’s liability insurance with Zurich. During the course of his employment Mr Carré was exposed to asbestos fibres without adequate protection, contracted mesothelioma and later died. Before his death, he had made a claim for damages against
