Thousands of asbestos victims and their families breathed a sigh of relief earlier this week when the UK Supreme Court ruled in their favour regarding insurance claims. A small pocket of insurance companies were arguing claims for compensation were invalid because the symptoms didn't appear until after the insurance coverage had ended.
The problem with asbestos-related illness is it can take decades to show any symptoms. Now the courts have cleared up any confusion regarding liability by stating that the time between cause and symptoms presenting is a "sustained" period of the disease. Therefore, insurers are liable for compensation even if the sustained period is many years.
Judge, Lord Clarke, said:
"The negligent exposure of an employee to asbestos during the [insurance] policy period has a sufficient causal link with subsequently arising mesothelioma to trigger the insurer's obligation."
The insurers fighting the case have generally accepted the ruling as unfavourable, but at the same time appreciate the clarity it brings. Asbestos-related diseases are expected to peak at around 2015, so there will be many more cases to come and insurance payouts to make. At least now there will be fewer arguments over whether the affected are covered or not.
Source: BBC News
March 30, 2012
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