Abstract
Presents an overview of whether cover is available in New Zealand for those who have developed mesothelioma as a result of an accident. Cites the recent High Court decision 'Calver v ACC' [2019] 3 NZLR 261 [2019] NZHC 1581, which will go to the Court of Appeal ('ACC v Calver' [2019] NZHC 2667). Describes the diagnosis of mesothelioma and the complex provisions for cover in the Accident Compensation Act 2001. Focuses on the provisions in this Act regarding whether there is a personal injury and the circumstances in which the injury was sustained. Explains that three different answers are possible in classifying mesothelioma as a personal injury, and details and comments on these situations. Discusses the vexed question that Courts need to consider to determine whether mesothelioma was caused as an inhalation accident, and cites relevant cases.