The ‘Rock of Uncertainty’ - Mesothelioma, Insurers and the Courts

Journal of Business Law (2013) JBL - Forthcoming

University of Hong Kong Faculty of Law Research Paper No. 2013/028

Posted: 6 Jul 2013 Last revised: 13 Aug 2013

See all articles by Gary Meggitt

Gary Meggitt

The University of Hong Kong - Faculty of Law

Date Written: 2013

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.

Keywords: Insurance, Fairchild v Glenhaven, Negligence, Causation, Mesothelioma

Suggested Citation

Meggitt, Gary, The ‘Rock of Uncertainty’ - Mesothelioma, Insurers and the Courts (2013). Journal of Business Law (2013) JBL - Forthcoming; University of Hong Kong Faculty of Law Research Paper No. 2013/028. Available at SSRN: https://ssrn.com/abstract=2290114

Gary Meggitt (Contact Author)

The University of Hong Kong - Faculty of Law ( email )

Pokfulam Road
Hong Kong, Hong Kong
China

HOME PAGE: http://www.law.hku.hk/faculty/staff/meggitt_gary.html

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