Trigger Litigation
LATEST - OCTOBER 8TH 2010
Disastrous Court of Appeal "Tigger Case" Decision
The Court of Appeal handed down a judgment on the 8th October which allows insurers to argue that their insurance premium is only triggered at the time a mesothelioma sufferer develops the disease. This will rob compensation from thousands of asbestos victims and create huge uncertainty and distress for all.
Our Press Release can be found here
The “Trigger Litigation” refers to a test case run by insurers to determine which insurer is liable in mesothelioma cases.
It has always been the case that the insurer who provided Employers Liability insurance at the time someone was exposed to asbestos is liable to pay compensation.
Some insurers have gone to court to say that it is the insurer who provides Employers Liability insurance at the time mesothelioma is diagnosed who is liable to pay compensation.
If the court decides that it is the date of diagnosis which “triggers” which insurer is liable to pay compensation then there will be serious impact on compensation for mesothelioma sufferers.
The reason for this serious impact is that in many cases, the negligent employer has long since ceased trading so there simply will not be an insurer to satisfy a judgment.
Senior Master Whitaker, who deals with some 60% of all mesothelioma claims has said in interview that the effect of a change in which insurer is liable could have a greater impact than the Barker judgment. Click here to read this interview.
The trigger litigation started in the High Court in 2008 and judgment went in favour of the status quo, i.e. the insurer at the time of exposure is liable. The Appeal Court judgment is expected in October.
To see the Forum press release pleased click here
To see the High Court judgment please click here
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