Family win asbestos compensation battle with insurers27 November 2012
Died of asbestos related disease mesothelioma
The family of an asbestos victim have finally received compensation for their father’s death after their case became caught up in a seven year legal battle to the Supreme Court.
The family from Liverpool claimed compensation on behalf of their father who died of asbestos related disease mesothelioma in January 2005.
A few weeks after his death they contacted Merseyside Asbestos Victims Support Group (MAVSG) and instructed asbestos compensation specialists Thompsons Solicitors to investigate a claim.
The granddad to six was exposed to asbestos while working as a sheeter for a Liverpool-based company during the late 1940s and 1950s.
Thompsons traced his former employer’s insurers but despite agreeing a level of compensation for the claim in 2007 the insurers refused to pay out.
The insurers’ argument was part of a six year legal battle known as the trigger issue which finally came to a close in the Supreme Court in March 2012 when it was ruled that the insurers of an employer at the time of the exposure to asbestos should pay compensation.
Head of Liverpool Asbestos Team
Joanne Candlish, Head of Liverpool Asbestos Team from Thompsons Solicitors said: “Having been successful in the Supreme Court this family have at long last received their compensation.
“This case would have been concluded in November 2007 had it not been for the insurance company dragging it out by raising the trigger issue defence. The insurers’ argument put this family, and many others, through unnecessary stress and anxiety at a time when they are grieving for their loved ones.”
The deceased’s son said: “My dad was exposed to asbestos in his job and we felt strongly that someone should be held to account for his death. It is a great relief that the case has finally come to a close. We couldn’t believe it when the insurance company denied they were responsible for paying out for his death, when they had taken insurance premiums from the employer who had caused his death from mesothelioma.”
John Flanagan from MAVSG added: “Many families in the Merseyside area are affected by asbestos disease and this case highlights the importance of obtaining specialist advice and continuing to fight on the behalf of victims and their families to ensure they receive the compensation they are entitled to.”