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Daylight in asbestos fight

27 November 2008
Issue: 7347 / Categories: Legal News , Damages , Insurance / reinsurance , Personal injury , Commercial
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Victory at last for asbestos sufferers in landmark battle for justice

A victory in the High Court for victims of asbestos related disease has removed the contradictions in the arguments of insurance firms and provided fairness for the claimants, say lawyers.

The case stemmed from the refusal of insurers to pay out in mesothelioma claims after the ruling in Bolton MBC v Municipal Mutual Insurance Ltd [2006] All ER (D) 66 (Feb), where it was held that in public liability insurance, the policy was triggered by the development of the disease—an argument insurers claimed should also be applied to employers’ liability claims.

However, in the “Employers’ Liability Policy ‘Trigger’ Litigation”, Mr Justice Burton found that the injury was sustained when it was caused and so the policies should be construed as such.

Peter Taylor, partner in the insurance and reinsurance practice at Lovells, says the ruling is a landmark in the long battle between the UK claimants and their employers’ insurance companies.

“Burton J found that exposure or the ‘date of inhalation’

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MOVERS & SHAKERS

Gibson Dunn—London partner promotions

Gibson Dunn—London partner promotions

Firm grows international bench with expanded UK partner class

Shakespeare Martineau—six appointments

Shakespeare Martineau—six appointments

Firm makes major statement in the capital with strategic growth at The Shard

Myers & Co—Jess Latham

Myers & Co—Jess Latham

Residential conveyancing team expands with solicitor hire

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
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