Daily Insurance Industry News
 
 
Daily Insurance Industry News
Thursday 18th of October 2018
April 12, 2011

Insurers fail to overturn Scottish pleural plaques law

by Gill Montia

Story link: Insurers fail to overturn Scottish pleural plaques law

Insurers fail to overturn Scottish pleural plaques law Insurers fail to overturn Scottish pleural plaques law Insurers fail to overturn Scottish pleural plaques law

Insurers have lost a legal battle to overturn the Damages (Asbestos-related Conditions) (Scotland) Act 2009.

Enacted by the Scottish Parliament, the legislation provides that asbestos-related pleural plaques and certain other asbestos-related conditions, constitute personal injury actionable under Scots law.

Insurers have long argued that the plaques, which are areas of fibrosis present on the inner surface of the ribcage and the diaphragm, do not impact on health or lead to asbestos-related diseases and in October 2007, the Law Lords had ruled that the condition does not constitute actionable or compensatable damage under civil law.

While Axa, Aviva, RSA and Zurich have failed in their latest challenged to the law in Scotland, the insurers are reported to be considering an appeal to the Supreme Court.

 

News posted:



Related stories to Insurers fail to overturn Scottish pleural plaques law: