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David Bannister  
#1 Posted : 08 October 2010 10:26:53(UTC)
Rank: Super forum user
David Bannister

http://www.bbc.co.uk/news/uk-11500155 This is a BBC report that the argument over which insurer pays damages for asbestos disease is going to the Supreme Court. The argument appears to be over whether it is the employer's insurer at the time of exposure or the insurer at the time of symptoms. With such a large time difference there will be very many employers who no longer exist at the time illness is first noted. Hopefully the top legal minds will see sense and realise that the negligent act was the exposure, not the resultant harm.
Phil Grace  
#2 Posted : 12 October 2010 08:40:51(UTC)
Rank: Super forum user
Phil Grace

"Stuff", I note that you've had lots of views but no comment...! What must be remembered is that this case is beign pursued by a small group of insurers who have, in the past written, Employers Liability policies. These insurers are no longer trading and are in "run off". They are not collecting any premium but must manage any claims that they receive. Thus this action is driven by a desire to minimise the costs of settling claims. Thus changing what is the established - and common sense approach - to when an EL policy cover is trgiggered will have a significant effect for them, their management of limited funds, their other creditors etc etc. Not saying I agree but thought it might help to try and set out the background. I've been away so now off to see what was decided..!! Regards Phil
Phil Grace  
#3 Posted : 12 October 2010 09:06:09(UTC)
Rank: Super forum user
Phil Grace

Here is one source of information... there will be many, many more..... http://www.blm-law.com/2...the-complex-outcome.html Phil
David Bannister  
#4 Posted : 12 October 2010 11:17:19(UTC)
Rank: Super forum user
David Bannister

Phil, this is a dreadful situation. Hopefully the Supreme Court will make a judgement that is fair, just, right and proper. That is, one that will allow people who develop awful life-limiting diseases seek recompense from those who caused them to be exposed to the harm, or at least their insurers. As things stand, a poor soul who is diagnosed today with mesothelioma may be left without access to damages. If the person is retired, against whom could the claim be made? There is no current employer and even if the person is still employed, how can the current employer be found to be negligent? This also has implications for other heath issues. Consider someone today using a carcinogen at work whose employer fails to implement adequate control measures and who may develop (say) bladder or nasal cancer in years to come. The current state of the law makes it very unclear as to whether a legal remedy may be available in future, once the disease becomes evident. Similarly for noise induced hearing loss: who pays? Safety issues are more clear-cut. If a machine removes a finger the resultant effect is immediate. This is patently wrong. The financial institutions (yes, them again) are working against the wider public interest and are seeking to protect the pockets of a few. Hopefully the Supreme Court will quickly make their judgement and hopefully it will be the right one for anyone who may have their health harmed by work.
ClarkeScholes  
#5 Posted : 12 October 2010 21:40:31(UTC)
Rank: Forum user
ClarkeScholes

Right then, (rolls up sleeves) The insurance industry. Where to start? Well here of course. Asbestos. The yank insurers decided years ago that if they let the lawyers get their hands on the money, then they were all up the creek. So everybody pays a levy to a central fund and asbestos claims are investigated to ensure they are real and then paid out. That saves all these wrangles and saves the re-insurers getting chased by one by one until they all go to the wall. As ever, we are 20 years or more adrift. Discuss: There should be a full shift in the emphasis of the insurance industry so that reported accident = stay at home on full pay until fit, compensation delivered on assessment, employers costs helping IP back to work (plus incidentals such as replacing him) are also met. Companies have no excess on their policy. Those found to be lying or contibutory negligent have compensation removed and in extreme cases charged with fraud and dealt with by the courts. Consequences: all those least able to protect themselves are looked after by those big enough to pay and all the lawyers go bust. What's not to like? Paul
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