Thousands of families who lost loved ones after they were exposed to asbestos may be able to claim insurance because of a recent ruling by the UK Supreme Court. They have ruled that insurers who offered cover at the time that victims inhaled asbestos fibres, rather than when symptoms occurred, are liable to pay compensation.
In 2008, the High Court said that insurers at the time that workers inhaled the fibres were liable, but in 2010, the Court of Appeal said that in some cases they were liable when symptoms of mesothelioma, the cancer that develops as a result of exposure to asbestos, develop. This left many families of the victims of asbestos exposure confused, that is until the Supreme Court's ruling came following a challenge from the trade union Unite.
"This is a landmark ruling which will affect thousands of victims of asbestos", said Unite general secretary Len Mcluskey. "It is a disgrace that insurance companies went to such lengths to shirk their responsibilities."
Nick Starling, Director of General Insurance and Health at the Association of British Insurers (ABI) said, "The ABI and our members are committed to paying compensation as quickly as possible to people with mesothelioma who have been exposed to asbestos in the workplace."
"We have always opposed the attempt to change the basis on which mesothelioma claims should be paid, as argued by those who brought this litigation. 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."
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