This development has been readily welcomed by insurers who have floundered in recent years from an onslaught of mesothelioma and asbestos exposure-related cases where billions of dollars in restitution has been paid.
The decision outlines the duty for insurers to continue paying out monies to those who have developed mesothelioma-related lung cancers and tumors. However, if the suing party has evidence of pleural damage, but the damage is not consistent with the likelihood that mesothelioma will develop from pleural plaques insurers have been ordered not to pay out restitution monies.
This decision comes as a blow to those who have non-specific damage to the lungs that may never fully develop into mesothelioma cancers. Pleural plaques are areas in the lungs that show the tell-tale scarring of lung tissues related to asbestos exposure. The evidence of the pleural plaques are often a strong precursor to mesothelioma disease, however some pleural plagues never develop into anything more than areas of scarring. The ruling acknowledges the fact that a percentage of people with lung scarring have been exposed to asbestos, but also negates the responsibility of the insurers if the plaques remain dormant and do not change into active mesothelioma tumors.
This new U.K. ruling could set a precedence in the United States where insurers have a platform for argument that U.S. insurers should not continue to pay damages to those who have pleural plaques in this country in the absence of active mesothelioma disease.
If you or someone you know has a diagnosed history of pleural plaques or lung scarring due to asbestos, they should seek legal representation with a mesothelioma attorney.
Original Article
No comments:
Post a Comment