Employers’ Liability Insurance - when is a pay-out triggered?

Historically, Employers’ Liability (“EL”) claims have been paid by the insurer who is on risk at the date of the cause of the disease, for example the inhalation of asbestos fibres causing mesothelioma.

EL policies are generally drafted to cover injury “caused” or injury “sustained” for the period of the policy. This article looks at the Court of Appeal’s recent shift in the interpretation of these phrases and, as a consequence, the interpretation of the ‘trigger’ date of EL policies.