Asbestos Trigger Litigation (bto insight, February 2009)

The High Court’s decision in the Employers’ Liability ‘Asbestos Trigger Litigation’ was issued on 21 November 2008. Each of the test cases related to employees who had died from mesothelioma from occupational exposure to asbestos. The cases considered which EL policy should respond or “trigger” in an asbestos claim: the one providing cover on the date the exposure to asbestos took place or the one providing cover when the symptoms of an ‘asbestos-related’ condition developed.  Mr Justice Burton held that the EL policy in force at the time of negligent exposure to asbestos should respond and not the policy in force at the time the symptoms developed.  This was held to be the case regardless of whether the policy refers to injury “caused”, “sustained” or “contracted” during the period of the policy. The defendant insurers are expected to appeal this decision.

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Joanne Farrell