04 April 2012
Durham v BAI (Run Off) Ltd (in scheme of arrangement) and other cases [2012] UKSC 14, [2012] All ER (D) 201 (Mar)
Supreme Court, Lord Phillips P, Lord Mance, Lord Kerr, Lord Clarke and Lord Dyson SCJJ, 28 Mar 2012
For the purposes of the employersí liability contracts in the instant cases, mesothelioma was ìsustainedî or ìcontractedî when the process that led to the disease was initiated as a result of the wrongful exposure of the employee to the asbestos fibre or fibres which caused the disease.
Six consolidated actions were specimen proceedings brought by the claimants against the defendant insurers to resolve issues relating to cases where employees had suffered and died from mesothelioma resulting from inhalation of asbestos fibres during employment. The insurers of a public liability insurance policy whose wording spoke of injury occurring during the currency of the policy declined to pay out on the policies in force at the date of inhalation. They maintained that the insurer liable to meet such a claim was not the insurer who had insured the employer at the time the employee
