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 became apparent.
Held: The appeals failed. Rix and Stanley Burnton LJJ, by majority upheld the judge in relation to some of the EL insurance policies (particularly those covering disease ‘contracted’ during the relevant insurance period); however they concluded that other policies (particularly those covering disease ‘sustained’ during the insurance period) responded only on an occurrence or manifestation basis.
Judges:
Rix, Smith, Stanley Burnton LJJ
Citations:
[2010] EWCA Civ 1096, [2011] PIQR P2, [2011] 1 All ER 605, [2011] Lloyd’s Rep IR 1
Links:
Statutes:
Third Party (Rights against Insurers) Act 1930, Employers’ Liability (Compulsory Insurance) Act 1969
Jurisdiction:
England and Wales
Citing:
Appeal from – 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 . .
Cited – Fairchild v Glenhaven Funeral Services Ltd and Others HL 20-Jun-2002
The claimants suffered mesothelioma after contact with asbestos while at work. Their employers pointed to several employments which might have given rise to the condition, saying it could not be clear which particular employment gave rise to the . .
Cited by:
Cited – Sienkiewicz v Greif (UK) Ltd; Knowsley Metropolitan Borough Council v Willmore SC 9-Mar-2011
The Court considered appeals where defendants challenged the factual basis of findings that they had contributed to the causes of the claimant’s Mesothelioma, and in particular to what extent a court can satisfactorily base conclusions of fact on . .
Appeal From – 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 . .
Lists of cited by and citing cases may be incomplete.
Personal Injury
Updated: 02 September 2022; Ref: scu.425248