Please click here to see our previous article on this case.

As we reported in May a number of insurers have recently refused to pay compensation to mesothelioma victims by arguing that the “trigger” for the insurance policy to respond to such a claim is not the exposure to asbestos but the development of the disease itself.  This argument strikes at the heart of traditional insurance industry practice, which, has always been for the insurer on cover at the time of exposure to pay.

Mesothelioma is a tumour of the lining of the lung caused by a person’s exposure to asbestos, often decades before they are diagnosed.

The trial of this “trigger issue” concluded on the 31st July after an intense 9 weeks of extremely complex legal, medical and insurance arguments in the High Court in London.  Our client Joan Eddleston and others argued with insurers; Independent, Builders Accident, Excess and MMI.

Joan’s husband Arthur was a loyal employee of Premier Construction for 20 years.  As a result of his exposure to asbestos at work with this employer he contracted mesothelioma and sadly died.  Joan has been fighting for compensation ever since.

Mr Justice Burton who heard the case, will give his decision in November and the stakes could not be higher.  The court heard that if successful the insurance industry stands to save millions of pounds whereas many mesothelioma victims will go uncompensated as by the time they develop this terrible illness, often some 40 years or more after their initial exposure, many employers will have gone out of business and in some cases their insurers have become insolvent.

A director of MMI told the judge that if MMI win their case this will potentially affect his bonus.  The same director told the judge if they are successful in this case £70 - £90 million which had been set aside to pay claims for mesothelioma will no longer be needed to pay claims.

The court heard evidence from leading experts in the fields of medicine and insurance law

This is the most important case facing mesothelioma victims at present, following a long history of fights with the insurance industry.

Mr Justice Burton’s decision will have wide reaching effects not only for people like Joan Eddleston who have already started their claim for compensation but also for many of the 2000 people who are diagnosed with this agonising and fatal disease in the UK every year.

If successful, the insurers arguments may be extended to other forms of occupational disease and while not all insurers are presently taking the “trigger” point, it is likely they will fall into line if the decision is in their favour.  Excess Insurance are already rejecting claims for compensation for asbestosis and other asbestos related conditions.

Carolann Hepworth, specialist solicitor at John Pickering and Partners LLP said, “The insurance companies involved in the case have put huge resources into this case. It was chilling to sit in court and hear how, if successful, MMI will release millions of pounds that would otherwise have been used to compensate mesothelioma victims.”

We will keep you informed of all key developments in this crucial case.

About John Pickering and Partners LLP- Specialist mesothelioma compensation solicitors.

John Pickering and Partners LLP is a niche legal practice that has represented Claimants in the leading asbestos "test cases" in the last ten years. The firm represented Sylvia Barker in Barker v Corus (UK) Plc, a case that highlighted the legal tactics of employers and insurers trying to cut back their compensation liabilities to mesothelioma sufferers, and which prompted the amendment of the Compensation Act 2006 to ensure full compensation for mesothelioma claims. The firm represented two of the three Claimants in the Fairchild appeal, in which the insurance industry tried unsuccessfully to block compensation altogether for mesothelioma sufferers unable to identify which of two or more sources of asbestos exposure had caused their illness.

The firm represented Alice Jefferson, a mesothelioma sufferer, whose illness and compensation claim against Cape Asbestos were featured in the important documentary "Alice: A Fight For Life."   Shown by Yorkshire Television in July 1982, the programme was an important catalyst for legal change and public awareness of the plight of the victims of asbestos.

If you need advice about an asbestos related illness, contact us now for information about making a claim for compensation.

Carol Ann Hepworth
Old Exchange Buildings
St Ann's Passage
29/31 King Street
Manchester, M2 6BE

Tele: (0161) 834 1251
Mobile: 0777 5730348
Fax: 0161 834 1505
Email: ch@johnpickering.co.uk