Asbestos has claimed the lives of many, and has left others with life-long illnesses. Though nothing can ever compensate for the loss of a loved one, new legislation by the UK Supreme Court could provide families with more adequate compensation than they were previously afforded. The Supreme Court’s March 2012 decision is a landmark ruling in what was an on-going legal battle.

Though the substance has been banned in the UK since 1999, it was once a commonly used in building insulation, mixed in cement or woven into various heavy duty textiles. Unfortunately, it wasn’t until after the widespread use of asbestos that doctors and scientists discovered its negative effect on health. Asbestos has been proven to cause lung cancer, mesothelioma and asbestosis, a dangerous inflammation of the lungs.

Debate over the point at which insurers are liable to pay for asbestos-related damages has been waged in the courts for over half a decade. In 2008, the High Court ruled that that a firm’s insurer must pay compensation who were on cover at the time a worker was first exposed to asbestos fibres. Two years after that ruling, the Court of Appeal considered specific insurance policies and determined that the wording of some of them would have the effect that it was the insurer on cover at the time the symptoms developed who would be liable to pay out.

For many of those with asbestos-related illnesses, symptoms didn’t occur until decades after their initial exposure (symptoms of mesothelioma can take up to 60 years after the initial point of inhalation to develop). During this time, firms can go out of business, thus making a claim against them can be impossible.

Now, the Supreme Court has reversed the Appeal Court’s 2010 ruling and stated that insurers who were on cover at the point of inhalation must pay out. For many victims and families who lost a loved one due to asbestos, the Supreme Court ruling is the justice they’ve been waiting for.

Unfortunately, the debilitating effects of asbestos continue to this day. The toxic substance is still responsible for about 2,000 deaths a year, and no amount of compensation can undo the damage it has caused to so many families. What this latest judgment does bring, however, is more peace-of-mind for families who felt mistreated by insurers and the judicial system. Families that choose to make an asbestos claim can feel a great sense of validation and rest assured knowing that this battle for justice is finally over.

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