Federal Mogul Asbestos Personal Injury Trust v Federal Mogul Ltd and others

Declaration – Jurisdiction. The claimant trust was authorised to bring claims on behalf of a large number of individuals in the United States who had allegedly suffered injury as a result of exposure to asbestos and asbestos related products, which had been supplied and/or distributed by the first defendant (T&N), an English company and its subsidiaries. The trust applied to the Commercial Court for declarations concerning the obligations of the reinsurers relating to the handling and settlement of any asbestos claims that the trust wished to advance against T&N. The Commercial Court held that the trust, as a third party and non-party to the relevant insurance contract, had no standing to claim such declaratory relief.

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