Lawford Kidd's Blog

Lawford Kidd's injury solicitors' blog designed to cover all areas of the law relating to accident compensation claims, injury claims and no win no fee in Scotland.

Supreme Court rules in mesothelioma liability case

The Supreme Court has given its decision in the appeal by insurance companies over their obligations under various contracts of employers’ liability (“EL”) insurance. In particular, the appeals concern the scope of the insurers’ obligations to indemnify employers against their liabilities towards employees who have contracted mesothelioma following exposure to asbestos.

Mesothelioma has an unusually long gestation period, which can be in excess of 40 years between exposure to asbestos and manifestation of the disease. The insurers maintain that the EL policies only cover mesothelioma which manifested as a disease at some point during the relevant policy period. In contrast, the employers submit that the insurance policies respond to mesothelioma caused by exposure to asbestos during the relevant policy period but which develops and manifests itself sometime later.

The court at first instance held that the policies should all be interpreted as having a “causation wording,” and therefore the liability “trigger” under the EL policy was when the employee inhaled the asbestos and not the date when the malignant lesion developed.

Continue reading
  2028 Hits
2028 Hits

Get 100% compensation! Start your claim here

Our expert injury lawyers will review your claim and get back to you shortly.
Please let us know your name.
Please let us know your email address.
Please write a subject for your message.
Invalid Input
Invalid Input
Invalid Input
Invalid Input
Invalid Input
Invalid Input
Motor Accident Solicitors Society Association of Personal Injury Lawyers