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Asbestos potency is a liability apportionment factor

In this recent decision, the Victorian Supreme Court held that it should consider the type, amount and potency of the asbestos used in the relevant products when apportioning liability between two manufacturers. The decision also highlights that, in making an assessment of comparative responsibility, the Court will not adopt an “overly mathematical” approach to apportionment.

In this case alert, W+K’s Andrew Seiter, Jackson Pannam and Laura Jean explain why this decision provides guidance for insurers.

To read the full alert, click on the download below.

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