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IRB Brasil Ressegurous SA v CX Reinsurance Company Ltd [2010] EWHC 974 (Comm) concerned an appeal brought by IRB in relation to an arbitration award made in favour of CX Re and against IRB.  The claims arose from losses occurring in the 1970s and 1980s which were later settled by insurers, including CX Re. …
Read More UK: Commercial Court Considers Follow the Settlements Clause, Allocation and Recoverability of IBNR

The Insurance and Reinsurance Department of Edwards Angell Palmer & Dodge is holding a 60 minute complimentary webinar entitled “Emerging Trends in Asbestos Litigation: US/UK/European Issues and Perspectives” on Tuesday, May 25, 20 at 12:00 p.m. EST. …
Read More Webinar: Emerging Trends in Asbestos Litigation: US/UK/European Issues and Perspectives

In Ian Hall v (1) Newall Heating Limited; (2) AGF Insurance Limited (March 2010) unreported, the court held that Mr Hall, who is suffering from mesothelioma caused by exposure to asbestos, could not identify AGF Insurance (AGF) as being liable, pursuant to the provisions of the Third Party (Rights against Insurers) Act 1930, to satisfy a default judgment obtained against Newall Heating (Newall). 

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Read More UK: High Court rules on existence of insurance policy

We have previously reported here, on the Employers’ Liability Insurance Bureau Bill, which is currently subject to scrutiny in the UK Parliament. The Bill seeks to establish a ‘fund of last resort’, to be used in instances where an employer is insolvent or does not hold insurance compulsory under the Employer’s Liability (Compulsory Insurance) Act 1969. This is seen to be a particular problem in claims relating to asbestos. 

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Read More UK: Employers’ Liability Insurance Bureau Bill 2009-10 – Update

In a statement issued by Justice Secretary Jack Straw, the Government has set out its decision on pleural plaques. As previously reported here, the House of Lords’ decision in  Johnston v NEI International Combustion [2007] UKHL 39 found that asymptomatic pleural plaque claims were not compensatable under the current laws. 

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Read More UK: Government Announces its Decision on Pleural Plaques

The Department for Work and Pensions has published a consultation entitled, “Accessing Compensation: Supporting people who need to trace Employers’ Liability Insurance.” The consultation makes two key proposals. First, that an Employers’ Liability Tracing Office (ELTO) be created; and, second, that an Employers’ Liability Insurance Bureau (ELIB) be created. 

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Read More UK: Employers’ Liability Insurance Public Consultation Published