The recent decision of Mr Justice Lawrence Collins in T&N Ltd (in administration) and ors v Royal & Sun Alliance plc and ors [2003] EWHC 1016 (Ch) has widespread implications for asbestos-related insurance, and also for employer's liability insurance generally. The case involved a number of issues including the ambit of exclusion clauses, and the validity of arguments for rectification, estoppel and set off. Ultimately, the judge decided against the contentions of the defendant insurers on all these areas.
Background facts
The claimants, T&N Ltd and its associated companies ("T&N"), were for many years involved in the asbestos industry. T&N were in administration in the UK, and had also filed for Chapter 11 protection under the US Bankruptcy Code.
