Search Results for: Employers Liability (Compulsory Insurance) Act 1969

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Employers’ Liability Policy ‘Trigger’ Litigation; Durham v BAI (Run off) Ltd etc: QBD 21 Nov 2008

The court heard six claims against companies restored to the register of companies to make claims under their insurance policies for personal injury in the form of death from mesothelioma from asbestos, and particularly whether liability could be found under the 1930 Act. The insurers maintained that any liability arose at the time of the … Continue reading Employers’ Liability Policy ‘Trigger’ Litigation; Durham v BAI (Run off) Ltd etc: QBD 21 Nov 2008

Employers’ Liability Insurance ‘Trigger’ Litigation: BAI (Run Off) Ltd v Durham and Others: SC 28 Mar 2012

The court considered the liability of insurers of companies now wound up for mesothelioma injuries suffered by former employees of those companies, and in particular whether the 1930 Act could be used to impose liability. The insurers now appealed against findings that some policies, those which insured against injury ‘sustained’ during the policy period, as … Continue reading Employers’ Liability Insurance ‘Trigger’ Litigation: BAI (Run Off) Ltd v Durham and Others: SC 28 Mar 2012

Employers’ Liability Insurance ‘Trigger’ Litigation, Re: CA 8 Oct 2010

Companies restored to the register, and the personal representatives of former employees, appealed against rejection of their claims from the insurers of the former companies for damages from mesothelioma following exposure to asbestos during employment. The court had held that the claims arose on exposure to the asbestos, and not at the point where symptoms … Continue reading Employers’ Liability Insurance ‘Trigger’ Litigation, Re: CA 8 Oct 2010

Richardson v Pitt-Stanley: CA 11 Aug 1994

The directors of a company did not become personally liable for damages, only because they had failed to insure the company for liability for personal injuries suffered as a result of the company’s activities, even though they may be criminally liable. (Sir John Megaw dissenting)Sir John Megaw said: ‘With great respect, I find it difficult … Continue reading Richardson v Pitt-Stanley: CA 11 Aug 1994

AXA General Insurance Ltd and Others v Lord Advocate and Others: SC 12 Oct 2011

Standing to Claim under A1P1 ECHR The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable harm for the purposes of an action of damages for personal injury. Held: The insurers’ appeals failed. … Continue reading AXA General Insurance Ltd and Others v Lord Advocate and Others: SC 12 Oct 2011

Campbell v Peter Gordon Joiners Ltd and Forsyth, The Liquidator Thereof and Gordon: SCS 3 Feb 2015

(Extra Division – Inner House) The pursuer was injured working as an apprentice for a company operated by its sole director, the second defender. Though he was an apprentice joiner, the company’s insurance excluded (in breach of the 1969 Act) injury by electric powered woodworking machinery. The company was now liquidated, and the appellant sought … Continue reading Campbell v Peter Gordon Joiners Ltd and Forsyth, The Liquidator Thereof and Gordon: SCS 3 Feb 2015