Insurers consider appeal on pleural plaques judgement - Asbestos

Association of British Insurers (ABI) has commented on a legal judgment relating to the Damages (Asbestos Related Conditions) (Scotland) Act 2009.

The Act includes pleural plaques as a condition for which compensation is payable in Scotland, but insurers have argued that the plaques, which are areas of fibrosis present on the inner surface of the ribcage and the diaphragm, do not impact on health or lead to asbestos-related diseases.

Aviva, AXA, RSA and Zurich mounted a legal challenge in the form of a judicial review in April 2009, but last week the Court of Session in Edinburgh ruled in favour of the Scottish Parliament.

The ABI has responded by saying that insurers are now seriously considering the grounds for an appeal.

However, the Association also reassured that the judgment, and any further appeal, in no way affects insurers continued commitment to pay compensation to people with asbestos-related diseases, such as mesothelioma, which impact on their health.

Director general, Nick Starling, said: “Insurers brought the review on the grounds that The Damages Act is fundamentally flawed as it ignores overwhelming medical evidence that plaques are symptomless, and the well-established legal principle that compensation is payable only when there are physical symptoms.”

He adds: “We are pleased that the judgment recognises the fundamental right of insurers to challenge legislation made by the Scottish Parliament, although we are disappointed that the judge did not feel able to overturn the law passed by the Scottish Parliament.”