Asbestos

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In a sprawling 163 page opinion issued just last week, the Connecticut Appellate Court addressed, as a matter of first impression, five different issues that will significantly affect the disposition of asbestos, and potentially other, long tail claims in Connecticut. The case, R.T. Vanderbilt Co., Inc. v. Hartford Accident and…

Read More Long Tales About Long Tails – Connecticut’s Appellate Court Makes New Law

On May 3, 2016, the Court of Appeals of New York issued its opinion in In re Viking Pump, No. 59, 2016 WL 1735790, and found that “all sums” allocation and vertical exhaustion applied to the insureds’ claims to excess coverage for the asbestos exposure claims filed against them.
Read More New York’s Highest Court Holds All Sums Allocation And Vertical Exhaustion Applied To Excess Insurance Coverage For Asbestos Claims

On 25 July 2012 two papers were published which may affect the way in which EL insurers deal with mesothelioma victims who cannot trace their employers or EL insurers. …
Read More UK Government and the FSA propose changes to the treatment of mesothelioma victims who cannot trace their employers or EL insurers

The Supreme Court’s decision in the Employers’ Liability (EL) Insurance “Trigger” Litigation is expected imminently. It is not just insurers who eagerly await that decision. …
Read More Employers’ Liability Insurance “Trigger” Litigation – Supreme Court decision expected imminently

Recent comments by a UK Commercial Court judge indicate that policyholders are entitled to “spike” their entire liability for a mesothelioma claim into any one year of employers’ liability (EL) cover. Spiking potentially arises where the period of EL cover is shorter than the period of negligent exposure to asbestos. …
Read More UK: Commercial Court in London Comments on “Spiking” Mesothelioma Claims

In Williams v University of Birmingham [2011] EWCA Civ 1242 the Court of Appeal analysed the correct approach to proving liability in a mesothelioma case. The Court emphasised that the relaxation of normal principles of proof in relation to mesothelioma claims, laid down by the House of Lords in the Fairchild case (Fairchild v Glenhaven Funeral Services Ltd [2002] UKHL 22), apply only to the need to prove causation. …
Read More UK: Mesothelioma – Fairchild Principles of Proof Apply Only to the Need to Prove Causation

The Supreme Court has published its decision in the case of AXA General Insurance Limited and others v The Lord Advocate and Others [2011] UKSC 46 in which AXA and other insurers (the Insurers) appealed against the decision of the Inner House of the Court of Session regarding the legality of the Damages (Asbestos-Related Conditions) (Scotland) Act 2009 (the 2009 Act) (please see our previous blog here for further information on that decision). …
Read More UK: Supreme Court Decides on Legality of Scottish Pleural Plaques Legislation