Employers’ Liability Trigger Litigation is an insurance dispute concerning the proper construction of certain employer’s liability policies. The case turns upon whether, in mesothelioma cases, the policies respond by reference to the date on which the employee inhaled or was exposed to asbestos by his employer or the date on which the mesothelial tumour became established in the body of the victim.

On 21 November 2008 Mr Justice Burton handed down judgment and found that the policies responded by reference to the date of inhalation/exposure. His judgment can be downloaded here.

The matter was heard by the Court of Appeal (Lord Justice Rix, Lady Justice Smith and Lord Justice Burnton) over a two week period in November 2010.

Jeremy Stuart-Smith QC, Leigh-Ann Mulcahy QC and Clare Dixon acted for Zurich Insurance Company (instructed by Buller Jeffries). Roger Stewart QC acted for BAI (Run Off) Limited and Independent Insurance Company (instructed by DLA Piper UK LLP).