The High Court today gave judgment in favour of the Claimant in a test case regarding liability for asbestos related claims.

Insurers fought this case on the basis that they had no liability under insurance policies which covered the period of employment when the Claimant was exposed to asbestos but which did not cover the period when that Claimant fell ill.

In essence they were stating that the "trigger" for a claim was the onset of the disease and not when the negligent act of exposure to asbestos took place.

The effect of this argument, had it been accepted, would be to leave Claimants with the right only to pursue the insurer providing cover at the time of the diagnosis, often many years later. The huge significance is that many policies now exclude liability for asbestos exposure. This would leave the injured party with only the employer to pursue - often now defunct or in liquidation - and therefore without compensation for their condition.

The Court decided that the appropriate period upon which liability rests is the period of time during which the injured person was exposed to asbestos. This decision is a victory for the worker and a defeat for the insurance industry.