Insurers Slam Asbestos Laws 'Mistake'

By Mark Harris
Published on 2 Sep 2008
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Insurers Slam Asbestos Laws 'Mistake'

Pleural plaques sufferers should not be allowed to launch compensation claims, insurance providers have said.

The insurance industry is set to attack new Scottish legislation relating to compensation for an asbestos-related disease.

A new Bill, which would contradict a previous ruling from the House of Lords, would allow sufferers of pleural plaques the right to claim money from employers and local authorities who exposed them to the deadly mineral. The insurers of these organisations would then be forced to pay out for the injuries, should the compensation bids be upheld by judges.

The laws are likely to be passed by the Scottish parliament, with backing from Labour MSPs.

However, insurers and legal experts have told the parliament's justice committee that this legislation would be a mistake. This is because the plaques, while generally caused by asbestos exposure, are merely an indicator that the sufferer could later develop a life-threatening condition, rather than being a deadly disease themselves.

Indeed, analysis from the Association of British Insurers suggests that developing dangerous asbestos-related conditions such as mesothelioma from the plaques is unusual. The group was backed up in this assertion by asbestos injuries expert Martin Hogg, who suggested that, if the legislation was passed it would lead to a flood of claims from the "worried well".

He added: "The Bill represents, in my opinion, a worrying trend of modern government to interfere in decisions of the courts made according to orthodox principles and reasoning which have served the law well for many generations."

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