Blog Home
Blog Search
Email the Editor About Our Practice News Events
To view topics related to a specific jurisdiction, please select the appropriate flag:
United States United Kingdom Bermuda Hong Kong European Union
Topics
Blog Contacts
+44 (0) 20 7556 4466
+1 617 239 0198
+1 212 912 2841
+1 401 276 6497
+1 860 541 7766
(Click to edit)


UK: Court of Appeal Decides In Favour of Insured in Asbestos Case

February 13, 2013 12:20 PM | Print this page |
Ajita Shah
In International Energy Group Limited v Zurich Insurance Plc UK Branch [2013] EWCA Civ 39, the Court of Appeal overturned the first instance decision of Mr Justice Cooke in the High Court. The Court of Appeal decided that the defendant insurer (the Defendant) must indemnify the claimant insured (the Claimant) in full for the damages paid by the Claimant to an employee who had died of mesothelioma, following exposure to asbestos fibres during his 27 year employment with the Claimant. The Defendant had provided employers' liability insurance to the Claimant for 6 of these 27 years and had argued that it was liable to indemnify the Claimant for only a proportionate amount of the damages paid to the employee. This was rejected by the court.

The Defendant's alternative argument that the Claimant should be prevented from receiving the full indemnity for reasons of fairness, was also rejected by the Court of Appeal.