EVENT: Toxic Torts

Description

Almost 40 years after the first asbestos personal injury case was filed, asbestos litigation continues apace with a projected increase in the number of future mesothelioma and asbestosis claims.
This seminar provides a clear and thorough analysis of the most pressing issues from the defendant and insurer perspectives.
An overview and outlook of current trends in asbestos litigation.
Update on Indemnity and Insurance Issues in Asbestos Litigation – A case study into Zurich Insurance PLC UK Branch (Appellant) v International Energy Group Limited (Respondent) [2015] UKSC 33
This appeal concerns the special rules of liability and causation for claims by victims of mesothelioma developed in and since the House of Lords’ decision in Fairchild v Glenhaven [2002] UKHL 22. That case decides that a victim can hold liable all employers who negligently exposed him or her to asbestos, but further, any insurer on risk for an employer during the period the worker is exposed, is liable for the whole of that employer's liability to the worker, subject to co-insurance and self-insurance.
Will this principle be applied in Australian Courts, and in particular Western Australian Courts?
Will its application depend upon the wording of a particular policy?
Will the principle apply to the payment of legal costs?
When is the tort complete? A case study into Alcan v Zabic
The High Court in Alcan Gove Pty v Zabic [2015] HCA 33 has re-examined when a cause of action arises in respect of the condition of mesothelioma. The High Court held that a cause of action in relation to the condition of mesothelioma is accrued when initial mesothelial cell changes commence, as opposed to when there is a "trigger" and these cell changes develop into the disease of mesothelioma.
What is the relevance of hind-sight evidence and when can it be taken into account in determining when the cause of action arises?
How, if at all, does this decision affect the application of the principle in Zurich Insurance v IEG Limited above?

Time

7:00am Regsitration
7:30am Introduction & Presentation
9:00am Conclusion

Cost

Members $55.00
Non-Members $75.00

Registration

Registration is available online or CLICK HERE for a copy of the eveny flyer/registration form

Presented by:

David McKenna, Jarman McKenna

Chaired by:

Susan Courthope, Allianz Insurance