The ‘rock of uncertainty’ – mesothelioma, insurers and the courts

Abstract

This article will look at the development of the Fairchild ‘special rule’, together with the EL policy issue. In the course of doing so, it discusses the development of both issues in previous cases; the approach of the courts in the Trigger Litigation and IEG v Zurich; and the state of the law as it now stands. Of necessity, it deals with the history of these issues in some detail before addressing the two cases themselves.