Victory for common sense

Victory for common sense as Supreme Court tells insurers to pay up in mesothelioma claims

Insurance companies, Excess Insurance, MMI, Builders Accident and Independent Insurance Company tried to persuade the court that because of the specific words they had chosen to use in their policies years ago, they did not have to pay claims for compensation for mesothelioma sufferers.


If the Supreme Court had agreed with the insurance companies it would have left some mesothelioma sufferers and their families without the compensation they deserve and created a lottery where some mesothelioma sufferers received compensation and others did not just because their employer choose to insure with a different insurance company.

The Supreme Court did not agree with the insurance companies and told them in no uncertain terms that the policies they issued did cover mesothelioma claims. The policies covered the activities of the employer during the insurance period. It did not matter that the employee did not develop mesothelioma until years later. They took the premiums and now they must pay up.


Carolann Hepworth, specialist solicitor at John Pickering and Partners LLP, said:

This is a tremendous victory for mesothelioma victims and their families. They will now finally receive the compensation they deserve and have waited for, for so long.


She commented further: It is hard to comprehend the mindset of the insurance companies who were happy to take millions of pounds in premiums and having spent the money then argue that thousands who were wrongly exposed to asbestos and developed a fatal illness are not entitled to any compensation”.

“The Judges have sent a strong message to the Insurers to pay these claims.”

As one of the Supreme Court Justices Lord Clarke said: “it would be remarkable if the insurers were not liable under the policies. The whole purpose of the policies was to insure the employers against their liability to the workers.”

Background:  Every year, there are more than 2000 cases of mesothelioma in the UK, the exposure in the UK being comparatively high because we imported so much brown asbestos.  Much of the exposure to asbestos took place more than 40 years ago and employers have gone out of business. If we can trace the insurance Company on risk at the time, our clients may  receive compensation from the Insurance Company