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22 January 2009 / Andrew Burns KC
Issue: 7353 / Categories: Features , Insurance / reinsurance , Personal injury
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A sigh of relief

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

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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

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MOVERS & SHAKERS

Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

Construction team bolstered by hire of senior consultant duo

Switalskis—four appointments

Switalskis—four appointments

Firm expands residential conveyancing team with quadruple appointment

mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

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Rising numbers of cases, an increase in litigants in person and an overall lack of investment is piling pressure on the family court, the Law Society has warned
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