News
Elusive Insurers
Asbestos diseases develop long after the exposure to the substance has taken place. When we are approached by new clients they often detail a long employment history with various employers spanning decades. Having identified an asbestos related condition for which compensation can be claimed, our next hurdle is to identify a party to sue. This can often be very difficult due to the passage of time as many companies or firms simply no longer exist. The next step is to identify the insurance company who were on cover during the time when the client was exposed to asbestos dust. Again, due to the passage of time, this can often prove difficult. The Association of British Insurers has a search facility which allows solicitors to search for insurance details for companies which no longer trade. The company's details are entered with a request for insurance details for the period of the client’s employment. The search request is then sent to all insurance companies with a request that they confirm whether they have any trace of having insured the particular company. Staggeringly only an estimated 23% of submitted searches in 2005 provided a positive response. This does not always indicate that no insurance can be traced. Insurers are not obliged to respond to the request and therefore regularly do not carry out any enquiries or supply traced details. |
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A recent case highlighted this inadequacy in the system. A 76 year old grandfather was diagnosed with mesothelioma following his exposure to asbestos during his working life. He initially instructed a local firm of solicitors who carried out an ABI search on the company he had worked for as they no longer traded. The enquiry received a negative response stating that no insurers could be found. Mr. Cadwallader later instructed a specialist firm of solicitors to further investigate his claim. A further ABI search was submitted, this time returning a positive result confirming Zurich to be the insurers for the relevant period of his employment. The claim was settled for £140,000. Had the original negative ABI result been accepted, Mr. Cadwallader’s claim for compensation would have failed. The ABI are being urged to improve their system.
At Oliver & Co. we have come across this hurdle time and time again and have developed a secondary system for tracing insurers. We have developed contacts with some of the major insurance companies and carry our further enquiries with them before accepting a negative insurance search result.
Pleural Plaques Update
The Damages (Asbestos-Related Conditions) Bill had its first reading in the House of Lords in October, having already passed through the House of Commons.
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The Bill, if passed, will mean that a sufferer of pleural plaques, pleural thickening or asbestosis will not have to prove that condition is causing them any physical impairment in order to succeed in making a claim for compensation. The legislation is intended to have a retrospective effect allowing pleural plaques sufferers, who have recently been denied the opportunity to claim compensation, to pursue a claim. The second reading of the Bill is yet to be scheduled. If the Bill is passed, it is unclear how the handling of Pleural Plaques cases will be dealt with. It is anticipated that it will take the form of a government run scheme and MPs are currently lobbying the Prime Minister to exclude solicitors from such a scheme. |
Whilst a streamlined system for handling the claims would be beneficial, no consideration seems to have been given as to how Claimants would be advised or how the necessary in-depth investigations into the identity of the correct defendants or insurers would be carried out.
Musical Fundraising
Our partnership with Macmillan continues to grow! We recently sponsored the Liverpool Signing Choir to appear at the Macmillan Christmas Carol Concert which took place at Chester Cathedral on 9th December 2009. The concert was a huge success with many acts performing including celebrity Heather Small from the Manchester based band M People. The event takes place annually and is well attended by approximately 500 guests. We are now looking forward to a new year with fresh fundraising ideas! |
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