Clydeside Action on Asbestos (CAA) has branded the insurance industry “callous” and “heartless” for using a legal tactic to avoid paying compensation to dying asbestos victims.
The strident comments came as CAA held a conference at Glasgow City Chambers on Thursday 28 June in recognition of National Mesothelioma Day.
Insurance companies are hoping to use a legal case (Aitchison v Glasgow City Council (2010)) to avoid paying out compensation to victims of asbestos exposure. The insurers argue that if a victim does not take up their damages case for pleural plaques within three years of diagnosis, they no longer have the right to claim for other developments in their condition such as deadly mesothelioma.
If their argument succeeds, victims who have developed further health conditions as a result of negligent exposure to asbestos will be left without prospect of compensation.
The insurers’ latest legal defence comes as a shock to victims and campaigners alike, and appears in stark contrast to the industry’s erstwhile support for victims.
In his response to the 2010 Supreme Court ruling that made pleural plaques compensation in Scotland possible, Director of the Association of British Insurers, Nick Starling commented that “insurers remain committed to paying compensation to all asbestos-related disease claimants as quickly as possible.”
At the time, Mr Starling denounced as “fundamentally flawed” the law that would now permit his industry to wrestle the right to compensation from the hands of asbestos victims.
The insurers’ dramatic u-turn is a slap in the face for victims and their families, and attempts to shut the door firmly on compensation claims that could benefit the critically ill and dying victims of asbestos poisoning.
Scotland’s Justice Secretary, Kenny MacAskill has previously declared his commitment to “progressive politics” which would grant asbestos sufferers their right to justice.
In his reply to a Parliamentary Question by Stuart McMillan earlier this year, Mr MacAskill stated that:
a claim for damages for mesothelioma should not be rejected simply because the limitation period for a claim for damages for pleural plaques has expired.
Despite such public assurances and Mr MacAskill’s suggestion of emergency legislation which would resolve the issue, the insurers show no sign of backing down.
Commenting on the development, Senior Welfare Officer at Clydeside Action on Asbestos, Phyllis Craig, said:
This callous attack on weak and dying asbestos victims is just the latest in a long list of underhand tactics employed by the insurers, and demonstrates just how heartless the insurance industry truly is. The insurers claim to be concerned with getting compensation for asbestos victims as quickly as possible, but these people are dying as the insurance companies try to find new ways to limit their exposure to paying out on asbestos cases. We have been campaigning tirelessly to align the Scottish legal system with the justice these victims deserve. Mr MacAskill’s commitment to those with asbestos related illnesses was of major encouragement to us, and his reassuring declaration that a claim for mesothelioma should not be rejected simply because the time limit for a previous diagnosis of pleural plaque has expired resonated through the Scottish Parliament and resounded with campaigners and sufferers alike.
We’ve asked to meet with Mr MacAskill a number of times to continue our urgent talks on how best to resolve this matter, but nothing has been confirmed as yet. Victims’ right to compensation must be recognised and protected, and our commitment to legal change to ensure this occurs remains as strong as ever.
Ian Hamilton, a pleural plaques sufferer who has now developed mesothelioma, said:
The conduct of the insurers has been nothing short of appalling. They’ve shown their true colours by ducking and diving from their responsibilities. They say they understand and can empathise with our plight, but their actions suggest they don’t appreciate how utterly devastating it is to families when a loved one develops further asbestos-related diseases down the line. If insurers are allowed to coldly use the law to avoid paying fair compensation they will further victimise people like me and our families. How the Scottish Government can sit on their hands and watch this take place without intervening is beyond me. What’s the point in having a Justice Minister if he’s not there when we need him the most?
Mr Alan Kirk, Consultant Thoracic Surgeon at Glasgow’s Golden Jubilee Hospital, comments:
By seeking to introduce new legal obstacles to compensation, insurance companies are prolonging the suffering of asbestos victims. I’m hopeful that the resilience of these victims together with the unflagging commitment of Clydeside Action on Asbestos will bring about a change in the current situation – granting the victims and their families access to justice and the financial security they deserve.
Thompsons Solicitors represents a significant number of Scottish asbestos victims. Partner and asbestos expert, Chris Gordon said:
We admire and support fully Clydeside Action on Asbestos in their relentless pursuit of political change for the benefit of those victims of pleural plaques who live with the worry of knowing the asbestos fibres in their lungs could turn into deadly forms of cancer. We would urge the Government to act quickly to allow these victims their right to justice.
ENDS
Notes to editors:
- Press release issued by Tim Weir on behalf of Clydeside Action on Asbestos.
- To arrange an interview with Phyllis Craig please contact Clydeside Action on Asbestos on 0141 552 8852.
- A press call will be sent out under separate cover with details of a PRESS CONFERENCE at Glasgow City Chambers on Thursday 28th June 2012 at 1pm-2pm where asbestos victims and others will speak out against the “underhand tactics” of insurance companies as they once more focus their efforts to refuse dying asbestos victims their right to compensation. The conference is in recognition of National Mesothelioma Day 2012.
