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.
Read MoreFollowing agreement by both Houses of Parliament, the Mesothelioma Bill received Royal Assent on 30 January 2014, becoming the Mesothelioma Act 2014 (the Act).
Read MoreIn 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.
Read MoreLiability under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, otherwise known as the Superfund statute) is strict, and in most cases joint and several. The total cost for Superfund clean ups can range into the hundreds of millions and even billions of dollars.
Read MoreThe Marcellus Shale Coalition will be hosting SHALE GAS INSIGHT™ 2012 at the Pennsylvania Convention Center in Philadelphia from Wednesday, September 19, through Friday, September 21. Edwards Wildman attorneys Marc Voses, Tony Hopp, Len Kurfirst and Greg Hoffnagle will provide live updates throughout the conference at www.InsureReinsure.com and @EdwardsWildman on Twitter.
Read MoreThe Supreme Court has handed down its decision in the Employers’ Liability Insurance Trigger Litigation (see judgment here). The ruling has provided clear rules governing how EL policies should respond to mesothelioma claims.
Read MoreThe 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 MoreRecent 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 MoreIn 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 MoreThe 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).
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