A group of Scottish citizens with a certain asbestos-caused disease has won the fight over a number of insurance companies who rallied the courts to overturn a ruling that demanded they pay compensation to those suffering from this ailment.
Earlier this week, the Supreme Court of the United Kingdom dismissed the appeal by insurance companies to negate the Damages Act of 2009, a law that allows claims by individuals suffering from pleural plaques to file for monetary compensation. Pleural plaques are characterized by a fibrosis or thickening of the parietal pleura. They usually appear about 20 years after initial asbestos exposure.
According to a BBC article, most of the Scots afflicted with pleural plaques worked in the country’s shipbuilding industry. In 2006, the House of Lords had ruled that those afflicted could not file for compensation, but that ruling was replaced in 2009 by the aforementioned Damages Act, which the government estimates will cost between £7m and £9m in claims.
"We firmly believe that people with this condition should be able to raise a claim for damages, and we are delighted that this decision has gone in their favor - a result that will surely bring them some comfort,” said Justice Secretary Kenny MacAskill. "It is our sincere hope that the insurers will now reflect carefully on the decisions reached by the Scottish Parliament, by both the Outer and Inner Houses of Scotland's Court of Session, and now by the UK's Supreme Court and settle those claims that have been stalled for so long."
This is welcome news for pleural plaque sufferers, who understand that their current condition could manifest into something much more serious, including mesothelioma – asbestos-caused cancer. Insurance companies, on the other hand, were not pleased with the outcome. They argued that pleural plaques are symptomless and that the Damages Act ignores “the well-established legal principle that compensation is payable only when there is physical harm.”
Earlier this week, the Supreme Court of the United Kingdom dismissed the appeal by insurance companies to negate the Damages Act of 2009, a law that allows claims by individuals suffering from pleural plaques to file for monetary compensation. Pleural plaques are characterized by a fibrosis or thickening of the parietal pleura. They usually appear about 20 years after initial asbestos exposure.
According to a BBC article, most of the Scots afflicted with pleural plaques worked in the country’s shipbuilding industry. In 2006, the House of Lords had ruled that those afflicted could not file for compensation, but that ruling was replaced in 2009 by the aforementioned Damages Act, which the government estimates will cost between £7m and £9m in claims.
"We firmly believe that people with this condition should be able to raise a claim for damages, and we are delighted that this decision has gone in their favor - a result that will surely bring them some comfort,” said Justice Secretary Kenny MacAskill. "It is our sincere hope that the insurers will now reflect carefully on the decisions reached by the Scottish Parliament, by both the Outer and Inner Houses of Scotland's Court of Session, and now by the UK's Supreme Court and settle those claims that have been stalled for so long."
This is welcome news for pleural plaque sufferers, who understand that their current condition could manifest into something much more serious, including mesothelioma – asbestos-caused cancer. Insurance companies, on the other hand, were not pleased with the outcome. They argued that pleural plaques are symptomless and that the Damages Act ignores “the well-established legal principle that compensation is payable only when there is physical harm.”
No comments:
Post a Comment