Personal injury
A group of leading insurers has lodged a judicial review against an Act of the Scottish Parliament that overturns a House of Lords decision and makes pleural plaques a compensatable condition.
The Damages (Asbestosrelated Conditions) (Scotland) Act 2009 overturns the Law Lords’ ruling in Rothwell v Chemical and Insulating [2007] UKHL 39 that damages were not payable for “symptomless bodily changes”.
The insurers bringing the action—Aviva, AXA Insurance, RSA and Zurich—claim the Act ignores medical evidence that plaques are symptomless and do not cause asbestos-related conditions, overturns a legal principle that compensation is payable only where physical harm is suffered through negligent exposure, and could lead to a rise in claims and therefore higher insurance costs for all firms.
Nick Starling, ABI’s director of general insurance and health, said insurers felt the Act was “ill conceived” and ignored a fundamental legal principle.
However, Denise Kitchener, chief executive, Association of Personal Injury Lawyers, says: “It is disgraceful that insurers have been more than happy to watch the money rolling in from premiums over the years, yet it is clear they will stop at nothing to avoid paying compensation for pleural plaques. It was to the Scottish government’s great credit that it took the opportunity to state what the law should be to protect the most vulnerable of people. Plaques victims have been exposed to asbestos and it is absolutely right and
proper that the negligent party pays compensation.”
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