Insurers seek asbestos law review

Pleural plaques have been linked to asbestos exposure

UK insurers are hoping to overturn a new Scottish law that allows people to claim for past exposure to asbestos.

The Damages Act means Scots with pleural plaques can claim compensation - even though a House of Lords ruling prevents this in the rest of the UK.

Insurers are to go to the Court of Session in Edinburgh seeking a judicial review of Scotland's legislation.

They oppose giving compensation because the condition has no symptoms and causes no pain for those that have it.

Although pleural plaques do not cause or develop into a more serious asbestos-related condition, they do signify an increased risk of developing mesothelioma because of exposure to asbestos.

Diseases such as mesothelioma and lung cancer have been diagnosed in hundreds of Scots - many of them former Clydeside shipyard workers.

I think it's quite rich for the insurance companies to suggest that having been paid by the employers for all these years they are unwilling to pay out Bill Kidd MSP

Insurers have argued that ministers have underestimated the cost of potential claims to both the public and private sector.

Nick Starling of the Association of British Insurers said: "There is a fundamental issue here, which is that compensation needs to be paid on the basis of damage.

"Plural plaques doesn't cause damage, it is a symptom of exposure, and we think that that fundamental change in the law which the Damages Act is bringing in, has to be challenged."

Concern has also been raised that allowing such claims would set a precedent, and could be contrary to the European Convention on Human Rights.

The Association of British Insurers wants the Court of Session to make a ruling on the issue.

The Scottish Government said it would be defending its legislation.

The Damages Act, passed in March, won cross-party support at Holyrood.

Glasgow MSP, Bill Kidd, said the Scottish Government is right not to back down on the issue.

"I think it's quite rich for the insurance companies to suggest that having been paid by the employers for all these years they are unwilling to pay out," he said.