An insurer covering only part of an employer's exposure period is liable only proportionately (not fully) for mesothelioma claims under the Fairchild exception, outside the Compensation Act 2006 s 3 regime.
insurance
Under Insurance Contracts Act s.54, an insurer cannot refuse a claim on the basis of the insured's breach of duty of disclosure where that breach did not cause or contribute to the loss.
Insurance contract construction follows general commercial contract principles, requiring consideration of text in context and giving effect to the commercial purpose.
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