8.1 Development of mesothelioma: application to double insurance

Mesothelioma operates across long periods and different policies of insurance. There has been discussion1 as to whether double insurance occurs in asbestos cases and, if so, how contribution would be distributed between the insurers. The issue as to whether double insurance applies to mesothelioma cases is unclear, due to the structure of the policies. This is the first time that the courts have considered the issues of the construction of such polices between different insurers during different policy years, under different forms of liability cover such as liability insurance and personal injuries (i.e. employers’ liability and public liability).