Employers' Liability Insurance "Trigger" Litigation: BAI (Run Off) Ltd v Durham & Ors - mesothelioma: insurers will be liable
Whether an employer's liability insurance contract uses the words "sustained", "caused" or "contracted", insurers will nonetheless be liable for claims in respect of mesothelioma in cases where the disease first develops even many years after the employee's exposure to asbestos. Distinctions drawn by the Court of Appeal based on specific wording of contracts were not upheld by the Supreme Court.
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