The claimant was employed by the first defendant in the period 1967 to 1974, and he was during his employment exposed to asbestos.

Subsequently he contracted mesothelioma. He obtained a default judgment against the first defendant in September 2009, with damages to be assessed. The first defendant was insolvent, and the claimant sought to make a claim against the second defendant insurers under the Third Parties (Rights against Insurers) Act 1930, who the claimant asserted were successors in title to the first defendant’s liability insurers. The claim was dismissed. The judge found that there was no evidence that the first defendant was insured against liability by the insurers, and that the policy issued by them simply covered property damage.