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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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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 18 January 2022

The Asbestos Litigation

The Asbestos Litigation

(p.362) (p.363) 12 The Asbestos Litigation
Insurance and the Law of Obligations

Rob Merkin

Jenny Steele

Oxford University Press

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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