EMPLOYERS’ LIABILITY POLICY TRIGGER LITIGATION DURHAM v BAI (RUN OFF) LTD (IN SCHEME OF ARRANGEMENT) (LEAD CASE 1) FLEMING & EDDLESTON v INDEPENDENT INSURANCE CO LTD (IN PROVISIONAL LIQUIDATION) (LEAD CASE 2) EDWARDS v EXCESS INSURANCE CO LTD (LEAD CASE 3) THOMAS BATES & SON LTD v BAI (RUN OFF) LTD (IN SCHEME OF ARRANGEMENT) (LEAD CASE 4) AKZO NOBEL UK LTD & AMEC PLC v EXCESS INSURANCE CO LTD (LEAD CASE 5) MUNICIPAL MUTUAL INSURANCE LTD v ZURICH INSURANCE CO LTD AND OTHERS (LEAD CASE 6)

[2011] Lloyd's Rep. IR 1

COURT OF APPEAL

Before Lord Justice Rix, Lady Justice Smith and Lord Justice Stanley Burnton

Liability insurance (employers’ liability) — Trigger of cover — Mesothelioma — Whether cover for “injury sustained” was on an exposure or injury basis — Whether cover for “disease contracted” was on an exposure or injury basis — Employers’ Liability (Compulsory Insurance) Act 1969.