The claim was settled quickly and I was kept informed at all times.
Mr DW Leslie
Supreme Court Judges are being asked to end uncertainty for asbestos/mesothelioma victims
Wed 7th Dec 2011 Personal injury
The Union Unite has appealed a decision of the Court of Appeal which found in insurance companies favour in asbestos/ mesothelioma cases.
The Court Of Appeal ruled in October in the case
of O' Farrell last year that the High Court was wrong in its
2008 decision that all insurers who provided cover to the employer at the time
of asbestos exposure should pay. It ruled that in some cases the employers
liability insurance is triggered not by the exposure to asbestos but by the
development of the diseased which is
always decades later. By this time there is after no insurance in place to
respond to the claim.
Unite's General Secretary Len McCluskey says:
" It is illogical that some victims of asbestos will receive compensation and others won't depending on words such as " injury sustained" or "disease constructed" used in insurance contracts written decades ago. Try explaining that to someone diagnosed with a fatal disease caused by the negligence of their employers "
Unite is appealing on behalf of the family of Mr O Farrell who was a retired member of Unite who sadly passed away in 2003 having been exposed to asbestos. His previous employers were insured at the time he worked for them by Excess Insurance Company Limited.His previous employers ceased trading in 1992.
Excess are arguing that they do not have to pay out as its policy states that employees had to sustain injury at the time they worked for them and within the 21 month period of the insurance policy.
I will blog again with an update once judgment is handed down.
Solicitor - Personal Injury team
Would you like us to call you back?
Call us between 8am and 6pm Monday to Friday, or use the enquiry form outside office hours
Or call us on 0844 620 6600