There have been disputes in the reinsurance market for over 20 years as to how to allocate EL mesothelioma losses to excess of loss reinsurances. One such dispute, Equitas v MMI, has finally reached an arbitral award, later aired in public via an application for leave to appeal to the Court of Appeal handed down in May 2018. The substantive appeal hearing is listed for March 2019.
This briefing will:
• Provide an understanding of the position at employer and insurer level
• Consider the arbitral award in Equitas v MMI and the Court of Appeal decision
• Explain the concepts of spiking, recoupment and contribution
• Explain the relevance of the duty of good faith
• Set out the operation of Accident Circle Occupational Disease clauses and liability arising from “exposure”(ACOD/B)