Landmark ruling could help victims of asbestos

Nov 22 2008 by Ben Schofield, Liverpool Daily Post

THE Liverpool daughter of a victim of asbestos-related cancer won a landmark High Court battle in her pursuit for compensation yesterday.

The ruling could mean hundreds of other Merseyside victims and their families can continue with their claims.

Maureen Edwards’ father, Charles O'Farrell, died in 2003 after being exposed to the deadly dust particles while working as a steel erector between 1964 and 1967.

The family is now one step closer to receiving £152,000 in compensation from his former employer’s insurers, Excess Insurance Company.

Jane Gresty, whose father Richard Randles also died from asbestos-related cancer, tentatively welcomed the ruling.

Last night Mrs Edwards, 52, of Speke, said: “My dad died a painful death from mesothelioma and watching him suffer was agonising for all of us.

“Excess Insurance poured salt into the wound by forcing us to fight in court to receive compensation we had already been awarded but they refused to pay.

“Dad would have been proud today that, with the backing of his union, we’ve finally got him justice.”

In the case, the insurers who sold companies employers’ liability cover claimed their policies were “triggered” not by exposure to asbestos, but by the development of the disease.

Because cancers generally develop 40 years after exposure, many insurance policies had lapsed, meaning insurers refused to pay out.

But trade union Unite resisted the legal challenge on behalf of Mr O’Farrell and its other current and former members.

Yesterday the High Court ruled that employers’ liability insurers remain liable to pay compensation if they insured the employer at the time the asbestos exposure occurred.

But Mrs Gresty, of Ellesmere Port, said she is expecting more legal resistance from Excess Insurance Company Limited, possibly in the House of Lords.

Mr Randles worked for F Leroy between 1944 and 1950 and was exposed to asbestos lagging boilers and pipework. He died in 2004 aged 79.

His daughter told the Daily Post: “Dad never asked for anything ever in his life. He worked very hard, brought up two children and the first time he asked for help, he never got it. And that’s why I’m so upset with society.”

benschofield