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Trigger of Coverage
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Written by Jodi Swick
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Thursday, 05 April 2012 00:00 |
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In a recent published decision, the U.K. Supreme Court faced determining if there was coverage for Mesothelioma claims under employers liability policies and held that the disease was "sustained" or "contracted" as required by the policies if there was exposure to asbestos during the policy period.
As usual with the Supreme Court, there are numerous opinions with references to individual judges and litigants views. However, the decision seems to be best summed up in paragraphs 65, 73 and 74. - The judges seem to accept that there are 6-7 genetic mutations leading to malignant cells that develop angiogenesis about 5 years or so before diagnosis (para. 6).
- The Court looked to employer liability statutes and cases for guidance, and concludes that there is a sufficient "weak" causal link to justify holding that the disease was caused during the policy period (para. 73).
- Although there are plenty of reasons why this decision should not apply to general liability policies, the mesothelioma causation discussion will probably be touted by policyholders as a reason for a continuous trigger.
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