Liability insurance news - Public liability cover technicalities vex claimant

Liability insurance technicalities mean that a 78-year-old grandfather is still without the £108,000 compensation a court awarded him for the asbestos-related death of his wife.

The Manchester-based solicitor representing the man's claim explains, "Because this case was not on behalf of [the 78-year-old], but on behalf of his wife, it is not down to the employer's liability insurance to pay out."It falls under public liability… This is the difficulty, tracking down the insurance company and proving it is them who need to pay out. It's a common problem with public liability insurers and it's very frustrating."

The problem is particular to asbestos-related claims. Another solicitor explains, "In mesothelioma cases, one of the most difficult problems they face is getting the right insurer."It can be hard to track down employers' liability insurers, but when it's public liability, it creates additional problems."For employers' insurance, it's the insurer at the time of exposure, but for public liability insurance, the direction is - it's the insurer at the point at which the mesothelioma starts its path to death. That's usually about 10 years before symptoms manifest themselves. The problem is many companies, especially smaller firms, may no longer exist."