Mesothelioma Asbestosis
Good news for mesothelioma victims
A test case that could mean good news for mesothelioma victims has been fought in the courts, with the outcome being described as a "hugely important victory" by those affected by the asbestos related cancer.
The case centred on which insurance policy providers were liable to pay out in the event of a victim developing the disease - the insurers covering the company at the time of exposure or the insurers involved at the time of diagnosis. Mesothelioma has a prolonged development period, with most cases not becoming apparent until at least 20 to 40 years after exposure to deadly asbestos dust. The case argued that it was the insurers who covered the company at the time of exposure whom were responsible for paying compensation, not the insurers who may hold policies at the time of diagnosis. Asbestosis and other asbestos related diseases such as mesothelioma are the biggest cause of work related deaths in the UK, with around 2,000 people being diagnosed with the disease in 2008. The insurers have been watching this test case very closely, as it is thought that the number of cases will increase over the next 20 years with workers exposed to asbestos in the 1970’s developing the disease. The disease is expected to peak in 2015.
Employers took out liability insurance to protect themselves against the cost of mesothelioma or asbestosis compensation claims and legal action taken out by workers injured at work. But as the disease (which has been described as a ‘silent killer’) has a long development stage, many companies that employed asbestos workers 20 to 30 years ago have since ceased trading. The argument by some insurance companies was that the victims could have worked for several companies during their working lives and that it would be difficult to apportion blame to any one company for the exposure to asbestos that subsequently triggers the disease some 30 years later. In their argument this would therefore make it impossible to say which insurer was liable for any compensation claims that may be brought and that the onus should rest with the insurers involved at the time of diagnosis, and not at the time of exposure.
The ‘trigger case’ lasted for nine weeks in the summer of 2008 and eventually the courts disagreed with this argument, saying that the insurers at the time of exposure were liable. Solicitors representing families involved said that the argument would make it harder for victims and their families to secure compensation, particularly as many modern insurance policies have exemption clauses for asbestos related diseases including mesothelioma and asbestosis. This would mean that families would have to pursue the companies themselves for compensation and as many of these firms have since gone out of business, the families would have no recourse and no chance of compensation.
The families and solicitors of the victims, as well as those watching anxiously to see if compensation funds will finally be released for mesothelioma victims, have welcomed the clarification of the law. Specialist solicitors dealing with asbestos exposure cases have also welcomed the decision, seeing it as an indicator of a more positive approach by the courts to what is an ongoing battle for thousands of new victims in the UK.
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