Insurers Win Partial Victory in Trigger Litigation

Excess Insurance win in full; MMI & Local Authorities win in part; other Appellant Insurers lose

The Court of Appeal has today handed down judgment in the "Employers' Liability Policy Trigger Litigation". The "Trigger" litigation seeks to determine whether certain historic Employers' Liability policies respond upon the inhalation of asbestos fibres or alternatively upon the date on which a sufferer actually develops a mesothelioma tumour. This has significant implications for which insurer (if any) will be liable for the substantial damages which such claims are generating. It also raises issues over whether Claimants will be fully compensated where the Defendants are insolvent former employers.

David Platt and Peter Houghton acted for Excess Insurance.

A. John Williams acted for the Local Authorities.

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