Leigh Day & Co partner, Daniel Easton, spoke at the Asbestos Claims and Liabilities Conference in central London on 28 January 2009 in relation to the recent asbestos “trigger” litigation.

Daniel was amongst a panel of experts who spoke on various asbestos related subjects.  Other speakers included Senior Master Whitaker speaking on the High Court’s “fast track” procedure and Dr John Moore-Gillon on medical diagnosis and treatment.

Daniel gave a talk entitled “A claimant’s perspective on the “trigger” litigation” and spoke at length in relation to the recent High Court decision which found in favour of mesothelioma claimants.

Mesothelioma is a fatal asbestos-related cancer, most commonly occurring in the pleural lining of the lung. Typically it can take anything up to 40 years or more to develop following asbestos exposure. Insurers who provided cover to companies decades ago when workers were exposed to asbestos have been trying to argue that they should not have to pay claims.  Instead they say, the relevant insurance policy that should pay out damages is the one in place when the mesothelioma tumour develops. 

A finding on the basis of the insured “date of tumour” would have left hundreds, if not thousands of asbestos victims uncompensated.  This is because many companies go out of business and do not exist at the date of tumour, hence there is no insurance to claim against.  Mr Justice Burton found for the claimants in the High Court, but the matter is now going to appeal.

Daniel said: “From a claimant’s perspective, this case is an absurdity arising over semantics. When insurers received the premiums for these policies in the 1960s and 70s, they were well aware that claims would arise for asbestos diseases at a later date. Mr Justice Burton rightly found that the insurers cannot evade their liabilities decades later”.