header-logo header-logo

22 January 2009 / Andrew Burns KC
Issue: 7353 / Categories: Features , Insurance / reinsurance , Personal injury
printer mail-detail

A sigh of relief

Part two: Andrew Burns unravels the strands of the asbestos “trigger” trial

* * * * * *

The first part of this article examined the background to the employers' liability policy trigger litigation (EL trigger) and the consequences for insurers and asbestos victims were explored: Durham v BAI (Run Off) Ltd (In Scheme of Arrangement) and other cases [2008] EWHC 2692 (QB), [2008] All ER (D) 220 (Nov) (see NLJ 23 January 2009, p 96). The judge held that the employers' insurers were wrong to decline claims following the Court of Appeal decision in Bolton v MMI [2006] 1 WLR 1492. Mr Justice Burton ruled that the policy wordings which were triggered when an employee “sustained” an injury had to be construed in the same way as policies triggered at the time when the injury was “caused”. The litigation now moves to the Court of Appeal.

The defendant insurers' arguments

The defendants had reinterpreted the “sustained” wordings following the Bolton case, suggesting that thirty years of insurance practice had been

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Nick McDonnell, Kain Knight

NLJ Career Profile: Nick McDonnell, Kain Knight

Nick McDonnell of Kain Knight reflects on an unexpected legal career, his drive to support vulnerable clients and the surprising pleasures of watching nothing happen

Mayo Wynne Baxter—Angela Arnold

Mayo Wynne Baxter—Angela Arnold

Mayo Wynne Baxter strengthens property team with new partner appointment

WilmerHale—Jeremy Kosky & Charlie Lightfoot

WilmerHale—Jeremy Kosky & Charlie Lightfoot

WilmerHale expands London disputes capabilities with addition of two leading partners

NEWS
Lawyers have welcomed the Lord Chancellor’s reverse-ferret on jury reforms, but expressed ‘serious concerns’ about the decision to exclude fraud trials
From ‘rats in the robing room’ to ‘overworked’ judges and a shortage of court staff, barristers have aired their concerns about the state of the justice system
The use of agentic artificial intelligence (AI) poses ‘significant risks’ across the justice system, public services and government, and current regulation is ‘poorly suited’ to control it, experts have warned
The solicitors’ regulator has paused controversial plans to exclude owner-managers from compliance officer roles
The government has launched a £16m legal support grant to support 48 frontline legal advice organisations supporting people facing eviction, problem debt, benefit disputes and family breakdown
back-to-top-scroll