Widow angry at move by insurers to stop compensation for workers
THE widow of a Derbyshire worker who developed cancer after he became exposed to asbestos has labelled an attempt by insurers not to pay out compensation as "disgusting."
Sylvia Hewkin said her husband, Ronald, had no idea he was in danger while working for 20 years in the powder-making plant at British Celanese, in Spondon.
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battle: Ronald Hewkin, who died of an industrial disease, with his widow, Sylvia.
Mr Hewkin was diagnosed with mesothelioma in 2005 but fought it until he died earlier this year.
Next week, the Court of Appeal will hear insurers as they bid to overturn the decision of a High Court judge who ruled they should pay compensation to victims of mesothelioma and their families.
Mrs Hewkin, 71, said: "It's not right at all.
"I think it's disgusting, really, that through no fault of their own people got this disease.
"They worked in places not knowing they were picking up this disease.
"Insurance companies sold policies and took money and now they are trying to get out of paying out. I find it totally disgusting."
Last year, a nine-week test case preserved the workers' right to compensation after insurance companies had argued that policies sold to employers did not cover their workers exposed to asbestos.
The appeal is set to last from Monday until November 27. If it is successful, all compensation claims could be blocked.
Ian Hall, 57, of Derby Road, Borrowash was diagnosed in January with mesothelioma and is trying to track down his former employer's insurance company.
He said: "I find it unbelievable that insurance companies are trying to get out of paying compensation.
"The firm I worked for when I became exposed to asbestos has gone bust but the liability is with the insurers.
"They take the risks by taking on that liability so I can't see how they can get out of paying out."
Joanne Carlin, of Derbyshire Asbestos Support Team believes insurers are stalling in paying out to victims, waiting for the outcome of the forthcoming appeal.
She said: "It is diabolical what they are trying to do.
"I know there are lots of cases being held up because it is unclear how the law is going to go.
"Insurers are still dragging their feet leaving people who have this form of cancer waiting for money they are due."
Nottingham solicitors Thompson's specialise in helping victims of mesothelioma and have won pay outs for a number of Derbyshire victims and families.
A spokeswoman for the firm said they were unable to comment on this latest development until after the Court of Appeal decision had been announced.
4 Comments
by .., derby
Saturday, November 07 2009, 10:55AM
“to be honest, i think the insurers should just pay the compensation the the victims of mesothelioma and their families if the victim haspassed away. this illness caused by absestos hasn't just affected the victims, its affecte their families and it will always be a painful reminder so i think that the insurance companies should stop making it worse for people. especially when they have lost their loved ones. RIP xx”
by rm, Spondon Derby
Saturday, November 07 2009, 10:34AM
“David, Litttleover. Before you state "facts" on the matter of liability of insurance companies regarding asbestos exposure and the companies knowledge of asbestos disease, please note. Insurance taken out at the time of exposure which may have been fifty years ago was undertaken by specialist companies and underwriten by Lloyds of London. It had no end date on liability. The dangers of asbestos were noted by Plyny the Elder and in 1890 by the Health Inspectorate in the UK. The insurance industry has taken millions if not billions of pounds out of companies in the form of premia and are liable to pay out for the risk they covered many years ago. This is a complex area of law. Please study the subject in depth before you give your facile explaination to the press. Try THOMPSONS the solicitors as a good source of information or HAZARDS campaign their web sites should enlighten you. Dragon is correct. Taking the money implys they accept the risk, so why don't they pay their dues.”
by david, Littleover
Friday, November 06 2009, 2:21PM
“Insurance Companies are commercial organisations who assess risks and charge accordingly. Given their many years experience in underwriting employers liability insurance, and having even many years ago been made aware of mesothelioma risks, it is very likely that certain industry's policies will have been worded such that mesothelioma had been an excluded risk. That makes good commercial sense. There is no point in arguing in a court of law about compensation payment from an insurance policy if there was a specific clause in the policy wording excluding that risk.
Any sensible insurer would not cover something it had knew had a high chance of occuring and no idea how long and how late claims would be. Unless an employer was happy to pay much higher premiums to do so.
It all comes back to (a) when did asbestos mesothelioma first become know to employers. (b) did they advise employees what risks they were taking (c) take any steps to reduce the effects of that condition (i.e. protection of employees lungs)”
by Dragon, Derby
Friday, November 06 2009, 9:29AM
“Typical of insurance companies.
Quick to take money - slow to pay it out.
Perhaps the court will take the right approach, and not only force them to pay what they owe, but also force them to pay additional damages to compensate for the distress they have caused. Thats what the court should do - but I wont hold my breath.”