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Insurance Law Monthly

Exposure to harmful substances

In Bolton Metropolitan Borough Council v Municipal Mutual Insurance and Commercial Union Assurance, May 2005, HHJ Kershaw QC ruled that public liability policies expressed to provide indemnity against bodily injury or illness were triggered not by the negligent exposure giving rise to the illness but rather by the onset of the illness itself. The decision has been upheld by the Court of Appeal ([2006] EWCA Civ 50). The leading judgment in the Court of Appeal was delivered by Longmore LJ.

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