Scottish courts judgement 'not taken lightly', says ABI's Starling
The ABI has confirmed that insurers have lodged an appeal against the recent judgment relating to The Damages (Asbestos-Related Conditions) (Scotland) Act 2009, as reported by Insurance Times yesterday - Insurers agree Scottish plaques judgement appeal.
Last week, following a judicial review brought by AXA, Aviva, RSA and Zurich the Court of Session in Edinburgh ruled to maintain the recently passed Act to compensate people with pleural plaques, despite the medical evidence that the condition does not cause harm or lead to asbestos-related conditions such as mesothelioma.
Nick Starling, the ABI’s director of general insurance and health said: “After careful consideration and legal advice, insurers consider that there are good grounds for this appeal.
"Insurers have not taken this decision lightly, and it reflects their strong view that The Damages Act is fundamentally flawed as it ignores overwhelming medical evidence that plaques are symptomless, and the well-established legal principle that compensation is payable only when there are physical symptoms”.
The ABI reiterated that the appeal in no way affects insurers continued commitment to pay compensation to people with asbestos-related diseases, such as mesothelioma, which impact on their health.