I am a Specialist Solicitor dealing with Asbestosis and Mesothelioma claims. These cases can be very challenging as it is often difficult to find the relevant insurer to cover a claim in which the Claimant was exposed to asbestos in excess of 20 years ago. As I have so much experience in dealing with these claims I am normally able to locate the insurer of Defendant companies. However there has been a recent Supreme Court decision which has been described as revolutionary by Insurance Lawyers.
In this recent decision the Claimant had been exposed to asbestos for 27 years. The employer’s insurers were located but they had only insured the company for 8 of those 27 years. The Supreme Court decided that the insurer was liable for the full 27 years and that this insurer then had to try and locate any other insurers for the remainder of the period. This decision is presently restricted to mesothelioma claims. It is the first time English Law has recognised an equitable right of an insurer to claim compensation from its own insured in respect of a claim on the policy.
The decision should mean that workers affected by this terrible disease should recover the compensation that they are entitled to, as there is no longer the incentive for the insurance industry to refuse to co-operate when asked who insured a particular company.
