Insurance firms fail over asbestos bid

Insurance companies have failed in a legal bid to scrap the right of people in Scotland to claim damages for an asbestos-related condition.

The UK Supreme Court dismissed their case, a decision which will enable people with pleural plaques to claim compensation.

The House of Lords ruled five years ago that victims could not claim compensation, but the Scottish government disagreed. MSPs passed the Damages (Asbestos-related Conditions) (Scotland) Act in 2009, allowing claims to be made.

Insurance firms Axa, Aviva, Zurich and RSA vigorously attacked the legislation but failed to overturn the law at the Court of Session, hence their bid in the Supreme Court.

Construction union UCATT said the Supreme Court’s decision was “excellent news”.

Acting general secretary George Guy said: “It shows that despite their huge financial resources the insurance industry does not have a free hand in the courts. It also underlines just how outrageous their actions have been as for over two years they have deliberately blocked pleural plaques victims in Scotland from receiving compensation.”

Guy added: “This needs to be the first step in winning justice for all asbestos victims regardless of where they live. Every year thousands of people discover that their health has been damaged by asbestos and many sadly die. These deaths and injuries were entirely preventable; companies knew that asbestos was lethal. Everyone whose health has been damaged by asbestos must receive compensation.”

www.bbc.co.uk/news/uk-scotland-glasgow-west-15264262

www.supremecourt.gov.uk/docs/UKSC_2011_0108_ps.pdf

www.ucatt.org.uk/content/view/1145/30/