Confusion as appeal judges rule on mesothelioma victims’ claims
Employers, insurers and families of asbestos victims face uncertainty after a “deeply troubling” ruling on mesothelioma liability.
The Court of Appeal judgment in the EL Trigger litigation, handed down last Friday, considers which insurer should meet a mesothelioma claim resulting from historic asbestos exposure.
Confusingly, there was a lack of consensus among the three judges. According to the court, liability will depend on the wording of the policy involved. In some cases the relevant policy will be the one in force when the tumour started to develop, while for others it will be the policy in place at the time of exposure.
Both claimant and defendant lawyers have criticised the judgment.
Henry Bermingham, public sector partner at Berrymans Lace Mawer LLP, who represented defendants in the case, says that private companies, the public sector and their insurers hoped for “clarity and certainty” on who was liable to compensate victims of asbestos exposure.
“However, in the extraordinary judgment which spanned more than 160 pages, the waters have been muddied somewhat. The lack of certainty is deeply troubling for all involved.
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