header-logo header-logo

21 October 2010 / Brian Goodwin
Issue: 7438 / Categories: Features , Insurance / reinsurance , Personal injury
printer mail-detail

An unfortunate conclusion

Brian Goodwin reflects on the EL Trigger ruling

The recent Court of Appeal decision in the EL Trigger Litigation represents the latest attempt by the courts to tussle with this vexed question: which insurance policy should respond when a policyholder faces a claim for an industrial disease which has only recently occurred, but which, owing to a long latency period, was caused many years earlier? The classic example of this phenomenon is mesothelioma, a malignant tumour affecting the pleura (the lining of the lung) which invariably proves fatal. As the tumour can take anything from a few years to 60 years or more to develop, after the exposure to asbestos fibres has occurred, employers and their insurers continue to face a rising cohort of sizeable claims which numerically are not expected to peak for at least another five years.

The enormous financial legacy created by culpable exposure—the vast majority of which had ceased over 20 years ago—has led to insurers looking closely at the wordings of the insuring clauses in their policies to decide whether they are contractually bound to indemnify their policyholders

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll