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Until 2006, asbestosis sufferers had been paid mesothelioma compensation from the time they were exposed to the asbestos fibres that caused their illness. However, as asbestos disease can take up to forty years to develop, insurers for the companies that exposed employees to asbestos argued that the risk cover they provided at the time of exposure was usually no longer in force when the disease manifested itself and therefore they should not be held liable for compensation.
In 2006, a Court of Appeal ruling regarding cases of "occupier's insurance" as opposed to "employee's insurance" went in the insurer's favour and as a consequence, thousands of families were left with uncertain outcomes for their mesothelioma compensation claims.
In the summer of 2008, however, a High Court legal battle developed when a case brought by three test claimants argued against the appeal court ruling that insurers liability was only "triggered" when the disease symptoms became apparent and not at the time of exposure.
Three other test cases were heard involving employers and local authorities who had already paid compensation to former employees on a time of exposure basis and were trying to recover money from their insurers.
Mr Justice Burton, presiding, was asked to rule as to whether or not the appeal court judgement should be applied to all asbestosis compensation claims.
In his judgement, he said that the date of injury manifestation, when symptoms arise, is clearly definable by medical knowledge, but that his interest was in finding out when that injury occurred, i.e., when the asbestos exposure took place. He ruled that even if the injury is unknown to the sufferer, the disease is already present.
He said: "For the purposes of these policies, injury is sustained when it is caused and disease is contracted when it is caused, and the policies fall to be so construed."
Derek Simpson of the trades union Unite said, "Thousands of men and women across the UK have been negligently exposed to asbestos by their employers but insurers have tried and failed to use legal technicalities to escape their responsibility to pay compensation under the policies they sold to employers."
President of the Forum of Insurance Lawyers, Anthony Hughes, welcomed the "clarification of the law."
Mesothelioma compensation and YouClaim
Here at YouClaim we deal with sufferers of asbestos disease regularly and we understand how distressing this disease can be. Our friendly and knowledgeable advisors are waiting to talk to you about your mesothelioma compensation claim on our free UK helpline: 0800 10 757 95.
Our dedicated personal injury solicitors have years of experience in dealing with the complex issues surrounding asbestosis claims. We have already helped many people get 100% compensation from their claim and, as we operate on a strictly no win no fee basis, you can be sure you will never be charged for their professional litigation services.
Call now or you can request a more convenient time when we can call you back. Alternatively, fill in the online claim form and we will look into your mesothelioma compensation case before we call you to discuss it further. Above all, at YouClaim we are here to help.
