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Insurance and the Law of Obligations$
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Rob Merkin and Jenny Steele

Print publication date: 2013

Print ISBN-13: 9780199645749

Published to Oxford Scholarship Online: September 2013

DOI: 10.1093/acprof:oso/9780199645749.001.0001

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The Asbestos Litigation

The Asbestos Litigation

Chapter:
(p.362) (p.363) 12 The Asbestos Litigation
Source:
Insurance and the Law of Obligations
Author(s):

Rob Merkin

Jenny Steele

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199645749.003.0012

Explores the role of insurance in asbestos litigation in respect of mesothelioma. Shows how and why the Trigger Litigation though ostensibly concerned with insurance cover required the courts to determine the nature of the legal principles developed in earlier tort cases. Argues that the development of the law in these cases would have been vacuous without an expectation that insurance would be in place to respond to the liabilities, and emphasises that insurers were involved at every step of the litigation. Explains that it is now plain that tort claims are made in relation to harm suffered, rather than the risk of harm, and that no manipulation of policy terms or insurance law principles was required to match the liabilities to the cover. Explains that as between insurers and reinsurers, litigation over the division and location of liabilities continues, identifying key issues that remain to be resolved.

Keywords:   Asbestos, Mesothelioma, Fairchild, Barker v Corus, Causation, Policy terms, Trigger Litigation, Aggregation, Reinsurance

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