Insurers, mesothelioma and the High Court

2008 is shaping up to be the most significant year so far for mesothelioma compensation claims in the UK. At the heart of this is a test case currently going through the High Court.

The case is being led by union Unite and a prominent firm of personal injury lawyers seeking to force insurers to accept that they cannot simply refuse to pay out mesothelioma claims.

As unlikely as the refusal of insurers to do justice to claimants and their families afflicted by this terrible asbestos lung cancer may seem, this is precisely what has led to the case being initiated.

Certain insurers claim that they are within their right to refuse to pay out compensation, even in cases where the courts have made awards. They say they are entitled to do this on the complex legal grounds that the "trigger" for liability only comes into effect with the development of the illness, rather than the exposure to asbestos that caused it.

As a result, they claim that they have no responsibility to indemnify employers and companies on their policies, arguing that time limits prescribed within the statute of limitations expire long before the cancer takes hold.

If the insurers are successful in arguing their case, it is conceivable that liability could them fall directly with the employers, companies and directors. And with many former asbestos companies now out of business, this could be a tragic development for claimants.

The effects of an insurance company victory in this test case would be far-reaching, with asbestos-related illness deaths not expected to peak for around another ten years.

The saga is expected to drag on, with, depending on the outcome of the test case, both sides expected to appeal.

Derek Simpson, joint general secretary of Unite, comments,
"The union is supporting this test case to protect the right of mesothelioma sufferers and their families to obtain compensation, and to make sure that insurance companies pay out on behalf of the employers they insured when workers were being negligently exposed to asbestos.

"What's at stake here is millions of pounds which should be used to compensate asbestos victims and not be pocketed by the insurance industry. It is a sickening scenario and we will fight every step of the way to see that insurers are not allowed to pass the buck and dodge their liabilities."

While one of the personal injury solicitors representing the interests of workers and their families in the action outlines the worst-case scenario, "If the insurers who deny liability are successful it will mean the policies they sold to employers, at the time when workers were being negligently exposed to asbestos, will not be worth the paper they were written on."

No win, no fee asbestos lung cancer lawyers
Mesothelioma is a terrible, terminal and debilitating cancer. Its progress can be surprising, swift and merciless.

Due to its long incubation period, it often affects people who have worked hard all their lives, just as they are reaching their retirement.

It can devastate whole families and communities. YouClaim consider it their duty to help trace the insurers who sold employer liability policies to the companies and businesses where affected workers were exposed to asbestos.

We have an excellent success rate in doing this and always offer our mesothelioma compensation claim service at absolutely no cost, win or lose.

We guarantee that you will never be charged any costs, fees or disbursements. In addition, we protect you from all those incurred by the opposing side.

And consider our no-cuts commitment an extra reassurance, it means you will receive 100% of the compensation awarded you. Our service is so much more than simply "no win, no fee".

To get in touch with us today, fill out an internet claim form, have an echat, or call us now on 0800 10 757 95.

All no win, no fee solicitors on our panel firms are governed by the Solicitors Regulation Authority, a branch of the Law Society.