UK Supreme Court Adopts “Exposure Trigger” and Rules that British Employers Insurers Mus
Mesothelioma claiming in the UK is generally directed against former employers, as opposed to manufacturers of products. And, employers liability insurance was traditional and later compulsory in the UK. Accordingly, it is highly significant that the UK Supreme Court today ruled on the trigger for Employers Liability (EL) coverage for mesothelioma claims. The opinion essentially adopts an "exposure" trigger and so requires insurers to pay mesothelioma claims. Some had been trying to avoid paying claims by arguing that they were obligated to pay only if they were on the risk at the time of disease manifestation. The opinion is here.