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Daylight in asbestos fight

27 November 2008
Issue: 7347 / Categories: Legal News , Damages , Insurance / reinsurance , Personal injury , Commercial
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Victory at last for asbestos sufferers in landmark battle for justice

A victory in the High Court for victims of asbestos related disease has removed the contradictions in the arguments of insurance firms and provided fairness for the claimants, say lawyers.

The case stemmed from the refusal of insurers to pay out in mesothelioma claims after the ruling in Bolton MBC v Municipal Mutual Insurance Ltd [2006] All ER (D) 66 (Feb), where it was held that in public liability insurance, the policy was triggered by the development of the disease—an argument insurers claimed should also be applied to employers’ liability claims.

However, in the “Employers’ Liability Policy ‘Trigger’ Litigation”, Mr Justice Burton found that the injury was sustained when it was caused and so the policies should be construed as such.

Peter Taylor, partner in the insurance and reinsurance practice at Lovells, says the ruling is a landmark in the long battle between the UK claimants and their employers’ insurance companies.

“Burton J found that exposure or the ‘date of inhalation’ was the  applicable trigger of employers’ liability coverage, as opposed

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NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

NEWS
If you don't select an issue the article will be assumed to be "online only". These articles will be surfaced on the frontpage in a block in order of newest content first. Placing the article in an issue will automatically remove the "online only" status
If you don't select an issue the article will be assumed to be "online only". These articles will be surfaced on the frontpage in a block in order of newest content first. Placing the article in an issue will automatically remove the "online only" status

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

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