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ARTICLE · 19 OCTOBER 2010

Weekly Update: A Summary of Recent Developments in Insurance, Reinsurance and Litigation Law - 38/10

This is the appeal from the decision of Burton J reported in Weekly Update 46/08. The underlying issue is whether the correct employers' liability policy to respond to mesothelioma claims is the one in place when the asbestos dust was first inhaled or the one in place when the onset of the disease took place (in many cases, the onset of disease takes place up to 35 years after inhalation).

United KingdomInsurance

THIS WEEK'S CASELAW

Employers' Liability Insurance "Trigger" Litigation

Whether cover for mesothelioma claims under EL policies triggered by exposure or onset of disease

http://www.bailii.org/cgibin/markup.cgi?doc=/ew/cases/EWCA/Civ/2010/1096.html&query=title+(+trigger+and+litigation+)&method=boolean

This is the appeal from the decision of Burton J reported in Weekly Update 46/08. The underlying issue is whether the correct employers' liability policy to respond to mesothelioma claims is the one in place when the asbestos dust was first inhaled or the one in place when the onset of the disease took place (in many cases, the onset of disease takes place up to 35 years after inhalation). The particular policy wordings in question differ slightly but, broadly, they provided cover for "injury sustained" or "disease contracted" during the policy period.

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