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21 October 2010 / Brian Goodwin
Issue: 7438 / Categories: Features , Insurance / reinsurance , Personal injury
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An unfortunate conclusion

Brian Goodwin reflects on the EL Trigger ruling

The recent Court of Appeal decision in the EL Trigger Litigation represents the latest attempt by the courts to tussle with this vexed question: which insurance policy should respond when a policyholder faces a claim for an industrial disease which has only recently occurred, but which, owing to a long latency period, was caused many years earlier? The classic example of this phenomenon is mesothelioma, a malignant tumour affecting the pleura (the lining of the lung) which invariably proves fatal. As the tumour can take anything from a few years to 60 years or more to develop, after the exposure to asbestos fibres has occurred, employers and their insurers continue to face a rising cohort of sizeable claims which numerically are not expected to peak for at least another five years.

The enormous financial legacy created by culpable exposure—the vast majority of which had ceased over 20 years ago—has led to insurers looking closely at the wordings of the insuring clauses in their policies to

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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