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Test case success for asbestos victims

21 November 2008

Asbestos sufferers have today won a High Court test case that will help other victims secure compensation.

They brought a number of cases against insurers who provided employer’s liability cover to companies that negligently exposed employees to dangerous levels of asbestos. 

In a nine-week legal battle, the insurance companies argued that the ‘trigger’ for claim payments should be when the disease developed or the victim became ill, and not 
at the point exposure to asbestos occurred.

But the High Court agreed with the claimants, confirming that the time the exposure to asbestos occurred would be when insurers should pay out.

Asbestos-related diseases, such as mesothelioma, can take between 25 and 40 years to develop, and the victim may become ill many years after the original exposure. 

Because many companies that exposed their workers to asbestos have now gone out of business, had the High Court found development of the disease was the payment trigger, there would be no insurance in place to pay out on claims.

Sara Hunt, solicitor and asbestos specialist at national law firm Shoosmiths, said: “Today’s decision is a real victory for all the victims of asbestos related diseases, and their families. These insurance companies were trying to avoid paying out compensation.

“Mesothelioma and other asbestos conditions are extremely debilitating and distressing, and I hope that those affected by today’s decision will take some comfort from knowing that compensation will be available to help support them and their loved ones through these difficult and often terminal illnesses.”

For further information please contact:
Name: Alastair Gray
Phone: 08700 864096
Email: Alastair.Gray@shoosmiths.co.uk

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