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  1. “Exposure” basis for mesothelioma claims challenged

    ... to pay. (Occurrence of the disease, arguably the growth of a tumour of diagnosable size, can develop some 40 years after exposure to asbestos fibres.) By contrast, in Bolton v. MMI (2006) the Court of Appeal held, in relation to a public liability (PL) policy which responded on an “occurrence” basis that it was the policy in place when the disease occurred which responded to the claim - not the policy in place when the employee was exposed to asbestos. Following Bolton some employer’s liability insurers declined to pay mesothelioma claims under EL policies in force at the date the mesothelio...

    Case | 1 Dec 2008