EMPLOYERS’ LIABILITY POLICY TRIGGER LITIGATION DURHAM v BAI (RUN OFF) LTD (LEAD CASE 1) FLEMING & EDDLESTON v INDEPENDENT INSURANCE CO LTD (LEAD CASE 2) EDWARDS v EXCESS INSURANCE CO LTD (LEAD CASE 3) THOMAS BATES & SON LTD v BAI (RUN OFF) LTD (LEAD CASE 4) AKZO NOBEL UK LTD & AMEC PLC v EXCESS INSURANCE CO LTD (LEAD CASE 5) MUNICIPAL MUTUAL INSURANCE LTD v ZURICH INSURANCE CO LTD (LEAD CASE 6)

[2009] Lloyd's Rep. IR 295

QUEEN’S BENCH DIVISION

Before Mr Justice Burton

Insurance — Employers’ liability — Trigger of coverage — Claims by employees against employers for mesothelioma following exposure to asbestos — Employers insured under employers’ liability policies covering liability in respect of injury or disease sustained during currency of policy — Whether policy applied to exposure or to injury — Employers’ Liability (Compulsory Insurance) Act 1969.