Commenting on today’s ruling by the Supreme Court that the Scottish Parliament acted within its powers in passing the Damages (Asbestos Related Conditions) (Scotland) Act 2009 that made pleural plaques compensatable in Scotland, Nick Starling, ABI’s Director of General Insurance and Health said: “Insurers remain fully committed to continuing to pay compensation to people with asbestos-related conditions, such as mesothelioma.
“The insurers brought this case because they believe that The Damages Act is fundamentally flawed in that it ignores overwhelming medical evidence that pleural plaques are symptomless, and the well-established legal principle that compensation is payable only when there is physical harm. We are very disappointed that the Court has not found in our favour on this important principle of law.
“Insurers will now consider carefully this judgment and what it means for them.”
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