WALEED ALZAWAHREH
12-09-2011, 06:53 AM
On appeal from the Court of Appeal Civil Division (England and Wales)
Issue
The construction of employers’ liability policies, in the context of liabilities incurred by employers for mesothelioma, under which an indemnity is provided if an injury or disease is ‘sustained’ or ‘contracted’ during the period of insurance.
Facts
There are nine appeals to the Supreme Court arising out of six separate actions. They arise from the deaths from mesothelioma of employees who inhaled asbestos fibres during employment. In each case the employees’ personal representatives or the employers liable to them seek to recover loss from the employers’ insurers under policies of employers’ liability insurance covering periods from the late 1940s to 1998. The principal issue is what constitutes the ‘trigger’ for liability of an insurer to indemnify the insured within any policy period: in particular whether it is the tortious exposure of a victim to asbestos dust, or the onset of mesothelioma.
Subject Matter catchwords for indexing
Personal injury – asbestos - mesothelioma – liability of insurers to indemnify – construction of Employers’ Liability Insurance Policies – interpretation of contractual liability
Issue
The construction of employers’ liability policies, in the context of liabilities incurred by employers for mesothelioma, under which an indemnity is provided if an injury or disease is ‘sustained’ or ‘contracted’ during the period of insurance.
Facts
There are nine appeals to the Supreme Court arising out of six separate actions. They arise from the deaths from mesothelioma of employees who inhaled asbestos fibres during employment. In each case the employees’ personal representatives or the employers liable to them seek to recover loss from the employers’ insurers under policies of employers’ liability insurance covering periods from the late 1940s to 1998. The principal issue is what constitutes the ‘trigger’ for liability of an insurer to indemnify the insured within any policy period: in particular whether it is the tortious exposure of a victim to asbestos dust, or the onset of mesothelioma.
Subject Matter catchwords for indexing
Personal injury – asbestos - mesothelioma – liability of insurers to indemnify – construction of Employers’ Liability Insurance Policies – interpretation of contractual liability