Scottish asbestos law review begins
A bid by British insurers to overturn a new Scottish asbestos compensation law gathered pace last week when a judicial review convened in Edinburgh.
Insurers Aviva, Axa, RSA and Zurich launched the review after the Scottish Parliament passed the Damages (Asbestos-related Conditions) (Scotland) Act in March.
The legislation allows Scottish workers to sue for asbestos exposure if they contract scars on the lung known as pleural plaques, a symptom of asbestos exposure that is generally harmless and not typically linked to the fatal disease mesothelioma.
The insurers oppose the new law on the basis that it would overturn a fundamental legal principle that compensation is payable only where physical harm is suffered through negligent exposure.
A 2007 House of Lords ruling prevents the compensation of pleural plaques throughout the rest of the UK.
Insurers have warned the Scottish law will lead to a flood of new claims and a hike in the cost of premiums. The judicial review is expected to conclude on June 12.
Insurers Aviva, Axa, RSA and Zurich launched the review after the Scottish Parliament passed the Damages (Asbestos-related Conditions) (Scotland) Act in March.
The legislation allows Scottish workers to sue for asbestos exposure if they contract scars on the lung known as pleural plaques, a symptom of asbestos exposure that is generally harmless and not typically linked to the fatal disease mesothelioma.
The insurers oppose the new law on the basis that it would overturn a fundamental legal principle that compensation is payable only where physical harm is suffered through negligent exposure.
A 2007 House of Lords ruling prevents the compensation of pleural plaques throughout the rest of the UK.
Insurers have warned the Scottish law will lead to a flood of new claims and a hike in the cost of premiums. The judicial review is expected to conclude on June 12.