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Archive for the ‘Asbestos Insurance’ Category
British asbestos campaigners have today launched a national survey exploring general awareness and understanding of asbestos in buildings and the regulations designed to protect UK workers from being exposed to asbestos in their workplace.
The survey can be taken here:
The Great British Asbestos in Buildings Survey 2011
The survey has been developed in conjunction with the United Kingdom Accreditation Service (UKAS) the organisation that currently accredits over 100 asbestos inspection bodies to carry out asbestos surveys. Known as the Great British Asbestos in Buildings Survey 2011, the survey will be promoted across all industries via the UK’s leading trade associations and trade unions, membership organisations and industry institutions. Tradesmen, building occupiers, dutyholders, clients, FM’s, property managers of non-domestic buildings will be encouraged to take the survey.
According to the HSE, asbestos is responsible for an estimated 4000 deaths each year and is the single greatest cause of work-related deaths in the UK. Results are expected to give an insight into awareness of the Duty to Manage Asbestos and highlight areas for raising awareness of the risks of asbestos in the workplace.
The Survey has the backing of high profile asbestos campaigners across the UK. Annette Brooke MP and Chair of the Asbestos in Schools Group welcomed the survey:
“This survey is a welcome step in the right direction. It is so vital that we highlight the dangers surrounding asbestos and I hope that participation in this survey is as wide as possible. ”
John Richards, Managing Director of analytical and surveying firm, Thames Laboratories said:
“With recent public sector funding cuts and the Government’s review of Health and Safety, we are concerned that this important subject maybe overlooked. Currently in the UK, more people are dying from asbestos exposure than in road accidents and yet our approach to asbestos still ranges from apathy to paranoia.
Recent conflicting reports produced from ATAC and HSE, and the issues of low level asbestos exposure, have led to the development of this research project, aimed at establishing what is really happening”.
Jon Murthy, Marketing & Communications Manager at UKAS said:
“This is the first industry initiative of its kind in which UKAS has participated and we hope to see this repeated annually to measure what improvements are happening within the asbestos sector. UKAS will play its role by ensuring the questionnaire is circulated to as many individuals as possible, from all industry sectors, via Unions, Trade Associations, Industry Institutions and Membership Organisations”.
The survey results will be published in a report in the summer 2011 via the campaign website www.asbestosinspectionbodies.co.uk and should highlight the issues arising from the most comprehensive review of the subject to date.
BIBA is the UK’s leading general insurance organisation representing the interests of insurance brokers, intermediaries and their customers.
BIBA membership includes 1,700 regulated firms. Insurance brokers and intermediaries distribute nearly two-thirds of all UK general insurance. In 2007, insurance brokers and intermediaries generated £1.5 billion of invisible earnings and they introduce £22 billion of premium income into London ’s insurance market each year.
BIBA is the voice of the industry, advising members, the regulators, the Government, consumer bodies and other stakeholders on key insurance issues. BIBA provides unique schemes and facilities, technical advice, guidance on regulation and business support and is helping to raise, and maintain, industry standards. BIBA works closely with the Chartered Insurance Institute to provide training to those working in the industry and actively participates in helping the industry and its customers deal with some of the major issues of the day.
BIBA members provide professional advice to businesses and consumers, playing a key role in identification, measurement, management, control and transfer of risk. They negotiate appropriate insurance protection tailored to individual needs and operate to a very high standard of customer service with the aim of ensuring peace of mind, security, financial protection and the professional advice required.
We thank you for the opportunity of responding to this Bill and would make the point that following the UK courts position that Pleural Plaques is not a claimable condition as there are no symptoms and any guarantee of compensation would create a huge surge in NHS X-ray requests from all who may have worked with asbestos at some time. Any additional costs incurred by the insurance industry due to an increase in claims made could affect the stability of the Northern Ireland insurance market and potentially force some insurance companies to reduce their activities in Northern Ireland or withdraw completely. The consequences for this are potential customer detriment with reduced availability of cover and the increase in premiums required to pay for the new claims.
It was not widely publicised, except in the Insurance and Legal worlds, but in early October the Court of Appeal gave its long awaited judgment in EL Trigger Litigation.
It had been hoped that this judgment would clarify which insurer would meet a mesothelioma claim resulting from asbestos exposure. However the Court of Appeal judges took different approaches and the outcome is complex.
It is not possible for a short article such as this to consider all the detail but we can see from the following extract from the Insurance Times on 8 October 2010 that the situation continues to be unclear:
“The Court of Appeal has overturned High Court employer’s liability ruling. Insurers faced confusion today after a legal ruling failed to clarify employer’s liability for
asbestos claims”.
In a series of cases known as the Employer’s Liability Policy Trigger Litigation, the Court of Appeal was divided on a high court ruling that employer’s liability policies should respond to claims that were in force at the time of the claimant’s exposure to the cancer causing material instead of those in place when the disease actually developed.
A Zurich spokesperson confirmed that the insurer was seeking permission to clarify the ruling in the Supreme Court. “We are concerned that the Court of Appeal has not followed the 2008 decision of the High Court, which was consistent with the way active insurers – including those involved in this litigation – have always handled industrial disease claims, including those for mesothelioma,” he said.
Buller Jeffries partner Derek Adamson, who acted on behalf of the insurers, said: “The next step is the Supreme Court for clarity on the wording of such policies as the outcome has massive implications for all employers, their insurers and most importantly the victims of this dreadful and fatal disease.
Berrymans Lace Mawer partner Henry Birmingham said: “The eagerly anticipated Court of Appeal judgment in the EL Trigger Litigation can only be described as complex.
Private companies, the public sector and their insurers, hoped for clarity and certainty on who was liable to compensate victims of historic asbestos exposure. However, in the extraordinary judgement, which spanned more than 160 pages, the waters have been muddied somewhat. The lack of certainty is deeply troubling for all involved.”
There are many implications of this judgment, not least of which is the continuation of disputes between companies/insurers as to who provided cover for individual claims. Of course there are also increased possibilities of “black holes” in insurance cover. Anyone interested in this subject can obtain further information, including various articles by leading legal firms, from the internet – just google (or any other search engine) “EL trigger litigation”.
What is clear once again is that continuity in liability insurance cover is invaluable. Policies obtained from insurers/brokers experienced in providing cover to the industry on a consistent wording, will almost certainly lead to a more straightforward claim than where cover has been “chopped and changed” on a regular basis, thereby storing complications for the future.
Insurance Premium Tax
A reminder too that along with the increase in VAT imposed by the Government, IPT goes up to 6% from the current 5% on 4th January 2011.
To discuss this, or any other insurance matters, contact David Barton or John Madden on 020 7220 0040. dbarton@milessmith.co.uk jmadden@milessmith.co.uk
Asbestos Industry News is the online voice for UK Asbestos News. The site covers information about asbestos management, asbestos surveying, asbestos removal, asbestos recruitment, asbestos claims, asbestos waste, asbestos legislation, asbestos inspection, asbestos related disease, asbestos training and much more. Visit www.asbestosindustrynews.co.uk, and subscribe to the RSS feed. or Subscribe to Asbestos Industry News by Email
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A WOMAN who died of asbestos-related cancer was pursuing a legal claim for the disease, an inquest heard. Margaret Dyball, of Quilters Close, Holland on Sea, had worked as a clerk for Upminster Garages Ltd where she believed she was exposed to asbestos.
In a statement she wrote for the legal claim before she died, she said walking to and from her office across a “dirty and dusty” workshop had exposed her to asbestos. Mrs Dyball, whose family did not attend the inquest in Chelmsford, was admitted to Colchester General Hospital on August 27 with shortness of breath and a chronic cough.
An x-ray showed fluid on the lungs and she died three days later, aged 66.
She had been previously admitted to the hospital, and diagnosed with mesothelioma last year. A post mortem examination concluded she died as a result of mesothelioma and exposure to asbestos. Coroner Caroline Beasley-Murray said Mrs Dyball had died as a result of industrial disease.
Source: Clacton Gazette
Asbestos Industry News is the online voice for UK Asbestos News. The site covers information about asbestos surveying, asbestos removal, asbestos recruitment, asbestos claims, asbestos waste, asbestos legislation, asbestos inspection, asbestos training and much more. Visit www.asbestosindustrynews.co.uk, and subscribe to the RSS feed. or Subscribe to Asbestos Industry News by Email
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A FORMER roofer fighting for cash to pay for treatment for cancer he contracted at work has won the support of Colchester MP Bob Russell. A judge has ordered insurers to make a £50,000 interim payment to David Mahoney, 50, to fund life-prolonging treatment because he fears he has only months to live.
BAI Claims, the company handling his claim, refused and is unlikely to pay up until the Supreme Court has ruled, possibly 18 months from now. Mr Russell is pushing for a special hearing to rule urgently on the case. He said: “I’m hopeful it will help the case be resolved quickly.”
Mr Mahoney, a father-of-five of Scarfe Way, Greenstead, was exposed to asbestos in 1976, while in his first job after leaving school. He was later diagnosed with the lung condition, mesothelioma.
His employer, builder Myton, has since folded and so has its insurer, leaving claims to be dealt with by BAI Claims. Since 2008, the firm has refused to handle claims such as Mr Mahoney’s, arguing the policies had expired by the time the mesothelioma manifested itself.
Earlier this month, the Court of Appeal found in favour of Mr Mahoney, but gave BAI leave to appeal. Mr Mahoney’s lawyer, John Green, said an appeal was almost certain.
He added: “I have no news on whether they have actually submitted that appeal yet, but it’s highly likely they’re going to appeal against this.
“The reality is they don’t have to do anything and there’s nothing we can do about it.”
Mr Mahoney told the Gazette earlier this month he had been “destroyed” by the cancer took hold four years ago. No one from BAI Claims responded to our requests for a comment.
Source: DailyGazette
Asbestos Industry News is the online voice for UK Asbestos News. The site covers information about asbestos surveying, asbestos removal, asbestos recruitment, asbestos claims, asbestos waste, asbestos legislation, asbestos inspection, asbestos training and much more. Visit www.asbestosindustrynews.co.uk, and subscribe to the RSS feed. or Subscribe to Asbestos Industry News by Email
Follow us on Twitter @UK_AsbestosNews
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Asbestos Industry News is the online voice for UK Asbestos News. The site covers information about asbestos surveying, asbestos removal, asbestos recruitment, asbestos claims, asbestos waste, asbestos legislation, asbestos inspection, asbestos training and much more. Visit www.asbestosindustrynews.co.uk, and subscribe to the RSS feed. or Subscribe to Asbestos Industry News by Email
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The TUC expressed grave concern at the continued uncertainty now faced by hundreds of people dying from asbestos exposure following a decision in the Court of Appeal Friday over compensation payments.
Mesothelioma sufferers will now have to wait while the case over their compensation entitlement is referred to the Supreme Court.
Back in 2008 the High Court ruled that employers’ insurers at the time of exposure to asbestos were liable to pay out on claims for mesothelioma. The insurance companies’ appeal was decided on at the Court of Appeal today.
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