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.
Asbestos
Webinar: Emerging Trends in Asbestos Litigation: US/UK/European Issues and Perspectives
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. …
UK: High Court rules on existence of insurance policy
By Troutman Pepper Locke on
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).
…
UK: Proposals for compensating EL claimants
By Troutman Pepper Locke on
On 1 April 2010 the ABI held a seminar for liability carriers on developments in relation to EL, covering two main topics, the ELTO (Employers’ Liability Tracing Office) and a possible scheme for compensating those with EL claims. …
$30.3 Million Jury Award in Secondhand Asbestos Lawsuit Upheld on Appeal
By Troutman Pepper Locke on
We first reported on this secondhand exposure lawsuit here.
…
UK: Government increases payments for mesothelioma victims under statute
By Troutman Pepper Locke on
Following the Government’s announcement last month (as previously reported here), The Mesothelioma Lump Sum Payments (Conditions & Amounts) (Amendment) Regulation 2010 has come into force.
…
UK: Employers’ Liability Insurance Bureau Bill 2009-10 – Update
By Troutman Pepper Locke on
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.
…
Netherlands: New Research Shows Vaccine May Help Mesothelioma Victims
By Troutman Pepper Locke on
Research carried out by a team at the Erasmus Medical Centre in the Netherlands on ten people with malignant mesothelioma has shown that a vaccine may aid victims of the disease.
…
UK: Government Announces its Decision on Pleural Plaques
By Troutman Pepper Locke on
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.
…
UK: Employers’ Liability Insurance Public Consultation Published
By Troutman Pepper Locke on
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.
…