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Asbestos compensation claim news
12/05/2008
Scottish pleural plaques bill faces insurer opposition
Legislation concerning pleural plaques-related asbestos-compensation claims that is soon expected to pass through the Scottish Parliament is causing controversy and consternation among insurers.
The bill would have real significance for those who have been exposed to asbestos in the workplace. It would allow those who can prove exposure, regardless of whether they have developed any serious illness, to make asbestos compensation claims.
Insurers are baffled by the bill, claiming it could set a worrying precedent, potentially "opening the floodgates" to other kinds of claim, while costing their industry millions of pounds in pleural plaques claims. Some have threatened a legal challenge in the event that the bill passes.
AXA insurance has spoken out strongly against the bill, saying it is "wholly wrong and should not be progressed. A spokesperson added that it "would create a wholly new entitlement to compensatory damages for conditions that do not give rise to any symptoms or increased risk of adverse health in the future".
AXA have also criticised what they believe to be the conflict of interest inherent in the bill having had such strong lobbying support from a prominent firm of personal injury lawyers. Their spokesperson said, "We must question the validity of any consultation process that is so clearly being supported by a major beneficiary of the decision to legislate."
However, a senior partner from the firm defended its stance, saying, "Our effort to help those suffering from pleural plaques is driven by principle, not profit.
"If anyone has a vested interest in denying pleural plaque victims their right to fair and just compensation it is the insurance companies, who will have to pay out on behalf of their clients."
If the bill does pass, it is anticipated that pleural plaques-related asbestos compensation claims will cost the insurance industry around £4.5 million.
