Six test cases - collectively referred to as the “Employers Liability Trigger Litigation” - have been selected to determine which event will ‘trigger’ liability in different mesothelioma claims.  

This litigation follows the 2006 Court of Appeal decision in Bolton Metropolitan Borough Council v (1) Municipal Mutual Insurance Limited (2) Commercial Union Assurance Company Limited [2006] EWCA Civ 50 which held that a public liability policy which provided cover in relation to ‘injuries occurring during the period of insurance’ would only respond to an asbestos-related disease at the time the disease began and not at the time of exposure. Following this decision insurers have sought to deny liability for certain mesothelioma claims.  

The ruling will have a significant financial impact on Insurers. The trial of the test cases has now ended and judgment is expected in November 2008.