Test case victory on asbestos

Nov 25 2008 by Katie Campling, Huddersfield Daily Examiner

PEOPLE suffering from asbestos-related disease have won a victory over insurers in a High Court test case.

Mr Justice Burton made a ruling on Friday which meant people trying to claim compensation after becoming ill from handling asbestos at work could still have their cases heard.

For many years, insurers paid compensation for the fatal lung disease mesothelioma on the basis that their liability arose at the time when a worker was exposed to asbestos dust.

But, two years ago, the Court of Appeal ruled in a different legal context that liability was “triggered” when the disease actually developed – sometimes after 40 years or more – rather than at the time of exposure.

As a result, insurers stopped paying on a “time of exposure” basis and argued they were not liable any longer.

This summer, during a nine-week legal battle, Mr Justice Burton was asked by employees and employers to rule that the appeal court decision – made in a case of occupiers’ rather than employers’ liability insurance – should not be applied generally.

Nick Starling, the Association of British Insurers’ director of general insurance and health, said: “We welcome this judgement, as it maintains continuity and certainty and will ensure that all claimants are compensated.

“Most insurers have always been and remain committed to paying compensation to mesothelioma claimants as quickly as possible.”

The ruling was welcomed by Frank Maguire of law firm Thompsons Solicitors, which has about 50 cases in Scotland in which insurance companies refused to pay.

He said: “This was another attempt by some insurance companies to try to find loopholes to avoid paying out to the victims of asbestos.”