Supreme Court judgment in EL policy trigger litigation

The Supreme Court has given its judgment in the Employer’s Liability Policy “Trigger” Litigation, overturning the Court of Appeal’s majority decision regarding the meaning of a “sustained” policy wording in EL cases. The Supreme Court reinstated the historic market practice that policy cover for mesothelioma claims is triggered by the date of exposure to asbestos and not by the deemed date of injury many years later.