Pleural Plaques Compensatable in Scotland

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The UK Supreme Court has dismissed Defendant Insurers case to overturn the laws at the Court of Session. This will enable claimants in Scotland with pleural plaques to claim compensation.

In England sadly compensation is not awarded for pleural plaques. The House of Lords ruled five years ago that those suffering with pleural plaques could not claim compensation. The Scottish Government disagreed and passed the Damages Act in 2009 allowing claims to be made. The likely cost to the insurance industry if estimated at between £1million to £9 million.

Nick Starling, director of general insurance and health for the Association of British Insurers, said after the ruling:  

"Insurers remain fully committed to continuing to pay compensation to people with asbestos-related conditions, such as mesothelioma.

"The insurers brought this case because they believe that the Damages Act is fundamentally flawed in that it ignores overwhelming medical evidence that pleural plaques are symptomless, and the well-established legal principle that compensation is payable only when there is physical harm.

"We are very disappointed that the court has not found in our favour on this important principle of law. Insurers will now consider carefully this judgment and what it means for them."

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