In November 2008 we reported that the English High Court had ruled that employers' liability policies, however they are worded, are triggered by exposure to asbestos and not when, many years later, the tumour develops.

The decision has been appealed to the Court of Appeal which is due to hear the case beginning on 11 November 2009. This means a decision is unlikely until 2010 leaving the market and claimants in a state of uncertainty until then, although the possibility of a further appeal to the House of Lords cannot be ruled out.