Litigation Letter
Mesothelioma success
In the six combined cases known collectively as the ‘Employers’ Liability Policy “Trigger” Litigation’ or the ‘
Durham cases’ [2008] EWHC (QB) 2692, the judge ruled that victims can claim against the employers’ liability insurance policies that were
in place at the time of exposure to the asbestos-related cancer. He rejected the argument that victims should claim against
the policy in place at the time the cancer developed. The gap between inhalation of asbestos fibres and the date the tumour
develops can be as long as 40 years. The
Solicitors Journal of 2 December quoted Daren Smith of Reid Smith, one of the 14 solicitors’ firms involved in the actions, as saying that around
9,000 people are believed to have died of mesothelioma in the UK up to 2003, and the current estimates put the annual number
of deaths at between 4,000 and 6,000. The
New Law Journal of 28 November quoted Peter Taylor of Lovells as saying: ‘The decision will be welcomed by victims and insurers alike as
it removes some of the contradictions and unfairness that would have been wrought by a contrary decision. Those contradictions
were said to be compelling the liquidators of the big insolvent asbestos liability insurers to take unpalatable positions
on coverage, in a manner which was out of line with some 40 years of established market practice.’