Asbestos cases now able to progress

Posted 29/03/2012

When running a claim for someone who has been exposed to asbestos dust in the course of their employment and has contracted mesothelioma, lung cancer, asbestosis or pleural thickening, it is essential to find an employer’s liability insurer for the period in question if the employer itself no longer trades. When the delay between exposure and developing symptoms can be 30-40 years, even employers still in existence can have trouble tracing their old insurers. Once such an insurer is found, the only serious issue left is to value the claim.However, in recent years a number of insurers have refused to pay out despite being on cover for the period of employment because they said that the disease started outside the period of cover. Arguments proliferated over the wording of the policies and a number of those suffering from asbestos related disease and their families had to wait.The cases were decided by the Supreme Court on 28 March. In broad terms, the old understanding has been restored. Conditions such as mesothelioma were caused by the asbestos exposure and therefore the cover in place at the time of exposure should pay. A large backlog of cases can now move and compensation be given to those in considerable need.