Michael Keegan v Independent Insurance Company Limited & Anor

Michael Keegan v Independent Insurance Company Limited & Anor

The Claimant's cause of action accrued after the commencement date of the 2010 Act, as actionable damage (mesothelioma) manifested only in late 2020 or early 2021. Therefore, the claim was properly brought against the insurer directly, and the employer is liable for the mesothelioma contracted by the Claimant.

Parties
Claimant: Mr Michael Keegan; First Defendant: Independent Insurance Company Limited; Second Defendant: Zurich Insurance PLC
Jurisdiction
England and Wales
Judgment Date
27 July 2022
Procedural Posture
Personal Injury Claim / Judgment After Trial
Outcome
Judgment for the Claimant against the First Defendant
Legal Topics
Mesothelioma, Asbestos Exposure, Third Party (rights Against Insurers) Act 2010, Employer's Liability, Default Judgment, Actionable Damage
Tort Law Insurance Law Mesothelioma Asbestos Exposure Third Party (rights Against Insurers) Act 2010 Employer's Liability Default Judgment Actionable Damage

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Parties

Mr Michael Keegan

Claimant

Independent Insurance Company Limited

First Defendant

Zurich Insurance PLC

Second Defendant

Procedural Posture

Personal Injury Claim / Judgment After Trial

Legal Issues

  1. 1 Whether the claim was correctly brought against the First Defendant under the Third Party (Rights Against Insurers) Act 2010
  2. 2 Whether actionable damage occurred after the commencement date of the 2010 Act
  3. 3 Whether the employer is liable for mesothelioma contracted by the Claimant

Ratio Decidendi

The Claimant's cause of action accrued after the commencement date of the 2010 Act, as actionable damage (mesothelioma) manifested only in late 2020 or early 2021. Therefore, the claim was properly brought against the insurer directly, and the employer is liable for the mesothelioma contracted by the Claimant.

Court Disposition

Judgment for the Claimant against the First Defendant

Orders

  • Declaration of employer's liability for mesothelioma
  • Judgment for damages in the sum of £854,076.43, subject to deductions for recoverable benefits