Insurers to challenge Scots pleural plaque ruling
Published on Mon 26 May 2008
p>Insurance companies will take legal action if the Scottish Government overturn a House of Lords ruling on pleural plaques, reports The Times.The Scottish Parliament plans to introduce a bill that will allow compensation for people who develop pleural plaques - a thickening of the lining of the lungs. The decision goes against the 2007 House of Lords finding that although pleural plaques were evidence of asbestos exposure, they were not harmful and and did not lead to other diseases. By reversing the decision people will once again be able to claim compensation, but only in Scotland.
In a submission to the Scottish Parliament AXA insurance said that overturning the decision "would create a wholly new entitlement to compensatory damages for conditions that do not give rise to any symptoms or increased risk of adverse health in the future."
They also raised the question of self-interest on the part of legal firm Thompsons,
"We must question the validity of any consultation process that is so clearly being supported by a major beneficiary of the decision to legislate."
A senior partner for Thompsons, who handle up t 90% of asbestos claims in Scotland, responded,
"Our efforts to help those suffering from pleural plaques is driven by principle, not profit.
"If anyone has a vested interest in denying pleural plaques victims their right to fair and just compensation it is the insurance companies, who will have to pay out on behalf of their clients."
The government seem unlikely to back down in the face of the insurance industry. A government spokesman said:
"The justice secretary has made clear his commitment to ensure that those who suffer the effects of asbestos as a result of our industrial past are able to claim for damages. The bill will bring some relief to people living with this condition.Tags: energy, non, domestic, nondomestic, domesticenergy
