Asbestos victims welcome ruling

Workers are involved in a long-running battle for compensation

Victims of asbestos-related diseases in Scotland have welcomed a ruling that the insurance company Royal and Sun Alliance (R&S) is liable for compensation claims.

The UK's second largest insurer has failed to persuade a High Court judge in London that an exclusion clause relieved it of liability to compensate thousands of victims.

Mr Justice Lawrence Collins rejected argument by the company and a Lloyd's of London syndicate that a policy clause excluding cover for asbestosis could also be applied to other diseases resulting from contact with the material.

The insurers are to seek leave to appeal the ruling, which only affects people exposed to asbestos after 1969.

In Scotland, former employees of the Turner and Newall (T&N) group, who worked with asbestos in Clydeside shipyards, have been engaged in a long-running battle for compensation.

Hundreds of their claims were halted in October 2001 when the T&N group went into administration.

Court action

In a bid to secure their clients a payout, Thompsons Solicitors identified Royal and Sun Alliance as insurers of T&N from 1969 onwards.

They raised this with the T&N's administrators who then took the insurance giant to court.

On Friday, R&S failed in its argument that asbestosis was excluded from the policy between 1969 and 1972.

Solicitor Advocate Frank Maguire, of Thompsons Scotland, said the ruling "opens the door again for those seeking compensation who were exposed from 1969 onwards".

We now call on Royal and Sun Alliance to meet the claims at the earliest opportunity

Jimmy Dempsey
Clydeside Action on Asbestos

"We would call upon Royal and Sun Alliance to move quickly to meet these claims," he said.

"The Turner and Newall group of companies were major asbestos users in Scotland, especially on the Clyde.

"Many have died and are dying through exposure to asbestos when working for these companies."

Jimmy Dempsey, vice chair of Clydeside Action on Asbestos, described the ruling as a "step in the right direction."

"This charity finds it appalling that Royal and Sun Alliance would try to avoid their responsibility," he said.

"Over the past two years there have been several obstacles to overcome to obtain justice for those with a terminal illness caused through no fault of their own.

"We now call on Royal and Sun Alliance to meet the claims at the earliest opportunity."