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| Version 2 | Version 3 |
|---|---|
| Asbestos compensation ruling due | Asbestos compensation ruling due |
| (20 minutes later) | |
| A ruling is expected later that could have profound implications for asbestos-related cancer victims and their families. | A ruling is expected later that could have profound implications for asbestos-related cancer victims and their families. |
| The High Court is due to give a verdict in a case between victims' families, employers and insurance firms. | The High Court is due to give a verdict in a case between victims' families, employers and insurance firms. |
| The hearing has hinged on when an insurance firm was liable - at time of exposure or when a worker becomes ill. | The hearing has hinged on when an insurance firm was liable - at time of exposure or when a worker becomes ill. |
| If it is ruled the policy in place at the time of illness is the relevant one it may make it harder to get a pay-out. | If it is ruled the policy in place at the time of illness is the relevant one it may make it harder to get a pay-out. |
| If the judgement today were to change the liability for the insurers then it would have a devastating effect on asbestos victims Tony WhitstonAsbestos Victims Support Group Forum | If the judgement today were to change the liability for the insurers then it would have a devastating effect on asbestos victims Tony WhitstonAsbestos Victims Support Group Forum |
| Asbestos-related disease is the biggest cause of work-related deaths in the UK, mainly affecting former workers in shipyards and other heavy industries. | Asbestos-related disease is the biggest cause of work-related deaths in the UK, mainly affecting former workers in shipyards and other heavy industries. |
| The test case concerns a type of cancer called mesothelioma, which can follow exposure to asbestos by 25 to 40 years. | The test case concerns a type of cancer called mesothelioma, which can follow exposure to asbestos by 25 to 40 years. |
| It is expected to cost insurers millions of pounds as cases dating back to the 1970s come to light. | It is expected to cost insurers millions of pounds as cases dating back to the 1970s come to light. |
| Challenge | Challenge |
| Employers take out liability insurance to insure them against the cost of legal action by staff injured at work. | Employers take out liability insurance to insure them against the cost of legal action by staff injured at work. |
| But a group of insurance firms has questioned which policy should be enacted. | But a group of insurance firms has questioned which policy should be enacted. |
| They argued during the nine-week hearing over the summer that the policy in place at the time the cancer develops is the one that a compensation claim should be brought against rather than the policy that was in place when the worker was employed by the firm. | They argued during the nine-week hearing over the summer that the policy in place at the time the cancer develops is the one that a compensation claim should be brought against rather than the policy that was in place when the worker was employed by the firm. |
| They said this was common-sense as victims could have worked for several employers where they were exposed to asbestos. | They said this was common-sense as victims could have worked for several employers where they were exposed to asbestos. |
| But solicitors representing the families involved in the case said this would make it harder to secure compensation. | |
| One of the key problems, if it is decided the policy at the time of the disease emerging is the relevant one, is that many modern-day insurance policies have exemptions for asbestos. | |
| That then only leaves the employer for the victims to go after, but as the disease takes so long to develop many of the firms have ceased to exist. | |
| This is the case for the family of Charles O'Farrell, who died in 2003. | |
| His old employer has ceased to exist and the insurer, Excess, has claimed the policy from the 1960s should not be valid. | |
| Tony Whitston, from the Asbestos Victims Support Group Forum, said the ruling was crucial for sufferers. | Tony Whitston, from the Asbestos Victims Support Group Forum, said the ruling was crucial for sufferers. |
| He said: "By the time someone develops the disease in many, many cases the employer is no longer trading. | He said: "By the time someone develops the disease in many, many cases the employer is no longer trading. |
| "So they have to rely upon the employers' liability insurer to get compensation. | "So they have to rely upon the employers' liability insurer to get compensation. |
| "But if the judgement today were to change the liability for the insurers then it would have a devastating effect on asbestos victims and most would never find and insurer to sue." | "But if the judgement today were to change the liability for the insurers then it would have a devastating effect on asbestos victims and most would never find and insurer to sue." |
| Ian McFall, from Thompsons Solicitors, which is representing one of the families involved in the case, agreed, saying it could open up a "compensation blackhole". | |
| But the Forum of Insurance Lawyers, a lobby group representing the defendants, said while it was an emotive subject, the industry needed clarification because of the unique nature of the issue. | But the Forum of Insurance Lawyers, a lobby group representing the defendants, said while it was an emotive subject, the industry needed clarification because of the unique nature of the issue. |