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Employers Liability "Trigger" Litigation - Technical & Legal Bulletin

By JLT Real Estate Team on May 13, 2009 3:22 PM

Following on from the recent Judgment handed down in the Employers Liability "Trigger" Litigation we attach our Technical & Legal Bulletin .

The bulletin explains the ruling by Mr Justice Burtons ruling, maintaining the status quo that insurers are on risk at the time of exposure to asbestos fibres and are
liable to provide an indemnity to their insured even though mesothelioma does not develop until a number of years later.

In view of the importance of the outcome of this litigation the Defendants have been given permission to appeal and the appeal will be held in the summer or autumn of
2009. Pending the result of the appeal some insurers are still refusing to pay mesothelioma claims and until the matter is finally resolved the employers are without indemnity.
 
The consequences should the appeal be upheld are significant and the concept of what protection your current programme may be able to offer should be forming a topic of
discussion with your current adviser. At JLT we have significant experience in this sector and would be only to happy to talk to you further about the implications and possible solutions.

Download the Technical & Legal Bulletin here  


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