Part one: Andrew Burns unravels the strands of the asbestos “trigger” trial
The employers’ liability (EL) policy “trigger” litigation was heard over nine weeks in the summer of 2008. It involved six lead cases, seven QCs, 13 junior counsel, numerous solicitors and five major insurers. Mr Justice Burton handed down a 109-page judgment on 21 November 2008: Durham v BAI (Run Off) Ltd (In Scheme of A0.rrangement) and other cases [2008] EWHC 2692 (QB), [2008] All ER (D) 220 (Nov).
The various test cases were heard together to resolve an important dispute over the relevant “trigger” under various employer’s liability insurance policies. The judge noted that the result would have “considerable consequences for several thousand people” and a “continuing impact for many years”.
The underlying claims were brought by employees who suffered and died from mesothelioma resulting from inhalation of asbestos fibres during employment. The employers’ insurers in these types of claims had paid out to victims for many years, but began to decline claims after a decision in the Court of Appeal on public liability (PL) insurance in Bolton v MMI [2006]
