The Norwich Union insurance company is challenging the right for people exposed to asbestos who develop a condition known as pleural plaques to obtain compensation. The Appeal Court's decision will affect thousands of people affected by the condition and will determine whether an estimated £1 Billion in compensation will be paid out by the insurers to Britain's employers who exposed their workers to asbestos.
The insurance company has put it's case to the Appeal Court that because the pleural plaques are a symptomless condition they should not attract an award of compensation.
The Court previously rejected the insurers arguments. The solicitors representing the men concerned in the test case argue that the existence of the plaques indicates a previous exposure to asbestos, and that the plaques, along with the anxiety they cause, count as an injury which would entitle the sufferer to compensation.
The men are also appealing the earlier Court's decision. The Judge previously ruled that those Claimant's who chose an award in full and final settlement should receive between £6,500 and £7,000, and those who chose the accept a lower award but who could come back to Court for further compensation if they developed a more serious condition should receive between £3,500 and £4,000. The awards prior to the Judge's ruling had been up to £30,000 where a final settlement was made.