PHILLIPS v SYNDICATE 992 GUNNER [2003] EWHC 1084 (QB)

[2004] Lloyd's Rep IR 426

QUEEN’S BENCH DIVISION

Before Mr Justice Eady

Insurance (employers liability) - Employee exposed to asbestos by employer over lengthy period - Employers liability insurers only on risk for a part of that period - Policy contained rateable proportion clause - Whether insurers liable for full amount of employee’s claim or only a rateable proportion - Whether clause applied to successive cover - Custom and practice - Implied term for apportionment - Third Parties (Rights against Insurers) Act 1930.