Privacy Policy & Cookies

Road Accident Claims Work Accident Claims Asbestos Exposure Claims Industrial Disease Claims Head and Brain Injury Claims Medical Negligence Claims Surgical Error Claims Travel Accident Claims Military Accident Claims Personal Injury Claims

How much?

FAQ

PI Information

Our PI Lawyers

0800 783 90190800 783 9019
0330 333 56560330 333 5656
Claim OnlineClaim Online
Text CLAIM to 82010 now, standard network rates applyText CLAIM to 82010
Network of offices throughout the UKVisit our UK offices

We'll call you back

Leave your details and we'll call you back between 8am and 8pm Monday to Friday, or between 9am and 5pm on Saturdays.

Name:

Best contact no:

Best contact time:


Home > Our Clients' Comments > Shipyard Plumber Exposed to Asbestos

Shipyard Plumber Exposed To Asbestos

Referred to us in June 2003, our client had been diagnosed with mesothelioma. We immediately attended on him at his home to take a statement of his evidence. His only exposure to asbestos arose when working as a shipyard plumber. Following our attendance a claim was made and we instructed a medical expert to report on our client's condition. The insurers made no response to the claim and proceedings were issued seven months after his initial referral. No response to the claim form was received so Judgment in Default was obtained. At that point, the insurers instructed solicitors to act for them.

A dispute arose as to whether the insurers were entitled to deduct from our client's claim the excess on the insurance cover that would have been payable by the shipbuilders had they still been a solvent, trading company. The insurance company argued that the excess was deductible for each year that he had been exposed to asbestos whilst employed by them but we argued that the excess could only be deducted once.

The matter proceeded towards trial in the absence of a satisfactory offer in settlement. A month before trial the Defendants made an offer to settle the claim for £78,000 net of excess, 79 Act payment and CRU. This offer was rejected by the Claimant and we advised him to make a counter offer of £82,828 net. This valuation allowed for the excess to be deducted only once. The Defendant accepted the counter offer and the claim settled two weeks before trial, approximately 13 months after the original referral.

back to stories index

Any mention of cost free, 100%, no win no fee, etc. is referring to pre 1st April 2013.

print this page