ComC An exclusion in an employers’ liability policy of ‘pneumoconiosis’ (fibrosis of the lungs caused by the inhalation of dust) does not embrace mesothelioma (cancer of the pleura or peritoneum caused by the inhalation of asbestos dust) – Asbestosis (pneumoconiosis caused by inhalation of asbestos dust) was therefore within the exclusion, but mesothelioma was not. There was no case for rectification of the policy to extend the exclusion to all asbestos related diseases, and even if there had been, the remedy of rectification would fail for laches in circumstances where the issue had been seen by the insurer in 1969 but not raised with the insured until points of defence in the 1995 proceedings. The insurer’s case of estoppel by convention or acquiescence failed. The insurer’s case of non-disclosure of mesothelioma claims failed, since there were only two relevant such claims, the insurer knew in general that its insured would be receiving such claims, it was not clear that the cause of death was ascribed to mesothelioma as distinct from mesothelioma due to asbestosis, the normal arrangement between the parties was for the insured to provide claims records in only general terms without differentiations as to disease, and in any event no inducement was proved.
Judges:
Rix J
Citations:
[1999] PIQR Q212
Jurisdiction:
England and Wales
Insurance, Personal Injury
Updated: 26 November 2022; Ref: scu.225404
