In an important test case the High Court in London today announced its long awaited decision on the asbestos “Trigger Case”.

The Court has ruled that sufferers of mesothelioma, a fatal tumour of the lining of the lung caused by exposure to asbestos, can continue to claim mesothelioma compensation from the insurer who provided cover at the time the deadly asbestos dust was inhaled by the sufferer.

The insurers had argued that only the insurer that provided cover at the time the disease developed should pay compensation.

As it often takes some 40 years after exposure for the disease to develop most companies will have gone out of business and as a result there will have been no insurer at the time the disease starts to develop.

The trial lasted 9 weeks and ended on 31st July. During the trial the court had to consider very complex legal, medical and insurance arguments and heard evidence from leading experts in the field of medicine and insurance law.

This decision had wide reaching implications and could have spelt a disaster for the thousand of sufferers of mesothelioma and those who are yet to develop the disease.

John Green, a specialist solicitor from WE Solicitors says, “The insurers are claiming that this is going to cost them millions when in fact traditionally the insurer at the time the dust was inhaled paid the compensation, it is not going to cost them anymore than it has done for many years.’

He adds “This is just the latest round in an attempt by the insurers to escape their liabilities to asbestos victims to the advantage of their shareholders. A battle which has already seen suffers of another asbestos related condition, pleural plaques, being denied compensation through the courts.

WE Solicitors LLP is a specialist legal practice that has represented many victims of asbestos related diseases as well as many other diseases caused in the workplace.

If you need advice about an asbestos related disease, contact us now for information about making a claim for asbestos compensation.