Two identical bills are proceeding through Parliament in an attempt to permit compensation for asymptomatic pleural plaques.
Asbestos
UK: Insurers Appeal Decision by Scottish Court to Reject Challenge Over Compensation for Pleural Plaques
By Troutman Pepper Locke on
As previously reported here, the Scottish Court of Session rejected insurers’ challenges, by way of judicial review, to the Damages (Asbestos-related Conditions) (Scotland) Act 2009 by a judgment handed down by Lord Emslie on 8 January 2010. …
UK: Revised Estimate Says Asbestos-related Liability will Cost UK Insurers Over £11bn by 2050
By Troutman Pepper Locke on
The UK’s Asbestos Working Party (AWP) has published its revised projection of the cost to employers’ liability insurers of the UK’s asbestos liability problem. The AWP has modelled “alternative scenarios” that suggest the cost of future claims will be between about £5 billion and over £20 billion for the period 2009 to 2050. …
Connecticut Appellate Court Holds Substantial Factor Test Remains Unchanged in Workers’ Compensation Cases
By Troutman Pepper Locke on
The Connecticut Appellate Court recently held that the “substantial factor test” for causation remains unchanged and that traditional causation rules apply to workers’ compensation cases.
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UK: Scottish Court Rejects Insurers’ Challenge Over Compensation for Pleural Plaques
By Troutman Pepper Locke on
The Scottish Court has upheld legislation that maintains the right to compensation for pleural plaques sufferers in Scotland. In 2007, the House of Lords ruled that pleural plaques sufferers had no legal right to compensation as the “damage” was insufficient to be actionable in English law.
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UK: Employer’s Liability Trigger Judgment – Appeal Starts Today
By Troutman Pepper Locke on
In November 2008 we reported here that the English High Court had ruled that employers’ liability policies, however they are worded, are triggered by exposure to asbestos and not when, many years later, the tumour develops.
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UK: Court of Appeal Decision Demonstrates the Wide Applicability of the “Fairchild” Exception for Mesothelioma Claims
By Troutman Pepper Locke on
In Sienkiewicz v Greif (UK) Ltd, the Court of Appeal considered the combined effect of the House of Lords’ decisions in Fairchild v Glenhaven Funeral Services and Barker v Corus and section 3 of the Compensation Act 2006 on liability for mesothelioma claims. …
Live Blog – Chinese Drywall Insurance Conference – October 22, 2009 – Miami Beach, Florida
By Troutman Pepper Locke on
EAPD participated in the October 22, 2009 sessions of the Chinese Drywall Insurance Conference taking place in Miami Beach, Florida. The day included a lively discussion between attorneys on all sides of this emerging issue, including attorneys representing homeowners, builders, suppliers, and insurers. Summaries of those discussions are set out below.
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UK: Mesothelioma Deaths
By Troutman Pepper Locke on
A new study has revised the projected rate of UK mesothelioma deaths. Mesothelioma is an invariably fatal cancer with a latency period of between 15 and 60 years. To all intents and purposes the only cause is exposure to asbestos.
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California Appellate Court Applies Government Contractor Immunity Defense to Boilers on Naval Vessels in Asbestos-Related Decision
By Troutman Pepper Locke on
Earlier this month, a California appellate court held that the government contractor immunity defense applies to a boiler manufactured to United States Navy specifications, shielding the manufacturer from a design defect claim. …