A significant victory has been won by mesothelioma victims in the high court for compensation from insurance companies. The Judge in Durham-v- Builders Accident Insurance (Run off) Ltd, ruled that victims of mesothelioma could claim against employers liability insurance policies in place at the time of exposure to asbestos dust/fibres. The ruling is a significant landmark in asbestos related litigation, enabling victims of asbestos related illnesses to recover compensation from their previous employer’s liability insurance policies. The ruling defeated insurers arguments that victims should be forced to claim against the policy in place at the time that they developed the cancer.

The families in the action brought matters to the High Court after the Court of Appeal ruling approximately two years ago that liability was only triggered when the cancer or illness actually emerged, not at the time the claimants were exposed to the dangerous asbestos dust.

As a result of the recently overturned Court of Appeal ruling, the victims of asbestos exposure were at risk of being penalised due to the insurers stopping paying on a time of exposure basis, arguing that they were not at fault because the risk cover that they provided, in some cases up to 40 years ago, was no longer in force.