Insurers appeal pleural plaques ruling

Health insurance providers Aviva, AXA, RSA and Zurich have launched an appeal against a recent judicial review in Scotland regarding compensation for people with pleural plaques.

In January 2009, the Court of Session in Edinburgh announced its decision to maintain The Damages Act, which will see pleural plaque patients compensated despite medical evidence that the condition is not harmful or linked to asbestos-related illness.

It is thought that pleural plaques develop after long-term exposure to asbestos. The material's fibres enter the outer lining of the lung where they cause chronic inflammation.

The Association of British Insurers' director of general insurance and health Nick Starling said that the firms' decision to appeal was by no means taken lightly.

He commented: "It reflects their strong view that The Damages Act is fundamentally flawed as it ignores overwhelming medical evidence that plaques are symptomless.

"And the well-established legal principle that compensation is payable only when there are physical symptoms."

The appeal does not affect insurers' commitment to paying compensation to people with asbestos-related diseases such as mesothelioma.

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