Birmingham legal team wins landmark ruling on asbestos claims
claims, without any insurance safety net. Essentially this was a battle of insurers with very different interests, and we were caught in the middle,” he added.
The High Court has now ruled that although claims brought under public liability insurance are governed by the Bolton 2006 decision, employers’ liability claims should be treated as they have always been, and that mere exposure to asbestos is sufficient to generate a legitimate claim.
Those historic insurers whose employers’ liability policies had a similar wording to that in the Bolton case should now fund the claims they have declined since 2006, and all future claims.
Approximately 9,000 people are believed to have died of mesothelioma in the UK up to 2003, and current estimates as to the number of deaths each year vary between 4,000 and 6,000.
“It is common ground, however, that the number of deaths has yet to peak, and will not do so for a considerable number of years,” said Mr Smith.
If the historic insurers’ arguments had been upheld, up to 12 per cent of those afflicted with the disease would have been the limited cover provided by the Government Scheme, yielding much lower sums than what they would expect to obtain in a damages claim
