The Supreme Court ruled in favour of Mesothelioma suffers in a landmark case last week.
After 6 years of legal disputes the Court found that insurers who had policies at the time an employee was exposed to asbestos should be required to pay the compensation, not the Insurers when the symptoms appeared. The so called “Trigger Litigation” was brought by a small number of Insurance companies who wanted to challenge the principle laid down in previous cases.
Speaking after the ruling, Nick Starling, director of general insurance and health at the Association of British Insurers, tried to distance his organisation from the so called “rogue” Insurers. He stated “today’s ruling by the Supreme Court has confirmed what most in the industry have always understood - that the insurer on cover when the claimant was exposed to asbestos should pay the claim, rather than the insurer on cover when the mesothelioma develops.”
The deicision was crucial as many of the companies where workers were exposed to asbestos now no longer exist and so had the court ruled in favour of the Insurers, many sufferers of asbestos related conditions and their families would have missed out on the compensation they deserve.
Mesothelioma is an asbestos related terminal cancer which together with other asbestos conditions accounts for more than 5,000 deaths every year.
If you, or anyone in your family is suffering from or has sadly passed away from an asbestos related disease you may be entitled to compensation. Please contact us for more information.