On 8th October 2010 the Court of Appeal reversed the decision of the High Court from 2008 as to when insurers are liable to pay damages from when the victims were exposed to asbestos. The issue has become known as the employers liability 'trigger cases'. The main issue at stake is what date triggers the insurers liability to pay out personal injury compensation under the employers' liability insurance policy. The insurers argue that it should be from the onset of asbestos-related disease and the Claimants and their lawyers argue that it should be from the time of the negligent exposure.
The distinction is crucial in cases of asbestos exposure because typically the delay or 'latency period' can be up to 60 years and in that time it is likely an employer may well have ceased trading and insurance details become untraceable. In 2008 the High Court ruled that the Claimants were entitled to be paid on a policy from the time of negligent exposure yet despite this many insurers continued to delay or refuse to pay whilst their appeal to the Court of Appeal went ahead.
The matter is to be further appealed again to the Supreme Court leaving 'chaos, confusion and uncertainty' in its wake.
The appeal to the Supreme Court could take many months or even years to reach a final decision, whilst victims and their lawyers continue to wait in confusion pending the outcome, it is expected insurers will continue to fail to pay out claims whilst victims continue to die.
It is estimated that at least 4,000 people a year continue to die from asbestos-related diseases contracted through no fault of their own.
Shane Markham, Head of Occupational Disease at Hilary Meredith Solicitors says: -
"The human cost of this decision is impossible to calculate whilst victims and their families now face further years of total uncertainty. This adds an additional barrier to what is already a very complex area of law for a particularly vulnerable group of Claimants. It is tragic that many more terminally ill victims will die in the uncertain knowledge of whether their grieving families will ever receive compensation that will provide security for their families. Powerful insurance companies have decided to take a technical objection which will result in an obscene windfall to the insurance company directly from the pockets of victims and their families. They will profit from small print in insurance policies written decades ago. Families will quite rightly see this as the final insult and will have every right to be further angered by this decision. This further increases the need for an employers' liability fund of last resort as those who miss out on a technicality must obtain compensation from the Government, or elsewhere, to provide much needed vital support in the latter part of their negligently shortened lives."
The Association of Personal Injury Lawyers have asked that the Association of British Insurers ask its members not to take advantage of the new ruling until the outcome of the final appeal to the Supreme Court is known and Hilary Meredith Solicitors are fully in support of this request.
If you or a member of your family have been diagnosed with an asbestos – related disease then get in touch with our team of experts to find out if you can claim compensation on 01625 539922 or shane.markham@hmsolicitors.co.uk.
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