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Case Study

Substantial settlement of £155,000 secured for heating and ventilation professional with mesothelioma, even after two of three insurers were found to be insolvent

John Robinson worked in the heating and ventilation industry throughout the 1960's and was exposed to asbestos whilst in employment at three different companies, including Richard Klinger Limited (Klinger), Supervents Ltd and Ductwork Ltd. At the age of 73 Mr Robinson was diagnosed with mesothelioma.

The same diagnosis had been made a few years before to Mr Robinson's twin brother, Charlie, who had worked in the same industry. The disease sadly caused Charlie's death which made Mr Robinson's diagnosis all the more difficult to bear.

Mr Robinson instructed specialist mesothelioma solicitor Andrew Morgan to pursue his claim against the negligent employers. Andrew quickly got to work and began his investigations to trace the insurers of the three defendants.

Through persistent research Andrew found that the insurers of the first defendant were insolvent, the insurers of the second defendant were untraceable, and the company details of the third defendant (where Mr Robinson worked between 1964/65) appeared to have been destroyed by Companies House. Although these findings unfortunately brought the claims against the second and third defendants to an end, Andrew was able to advise Mr Robinson that his claim against Klinger could proceed.

His claim was protected by the Financial Services Compensation Scheme (FSCS). This protection stems back to 2001 with the liquidation of Chester Street Insurance Holdings Limited (a large insurer of industrial companies; shipyards; and ship repairers, previously known as Iron Trades Holdings Limited). The liquidation forced the FSCS to recognise the serious consequences that insurer insolvency had on those with asbestos claims, which led the FSCS to agree to cover 90% of the value of asbestos claims for those who had been exposed before 1 January 1972.

Mr Robinson's exposure had taken place before 1972, so Andrew gathered crucial evidence to support this including Mr Robinson's witness statement, his medical and employment records, and an expert report.

Despite being unable to make a claim against Mr Robinson's other negligent employers, Andrew was able to obtain 90% of the full value of his claim from the FSCS, securing a substantial settlement of £155,000 gross for Mr Robinson on 17 November 2016.

Contact us

For further information about mesothelioma compensation claims, please call Andrew Morgan on 020 7861 4036 or email andrew.morgan@fieldfisher.com.

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