Asbestos issue bogged down in court system: lawyer
It’s time to consider moving asbestos-related liability claims away from the adversarial common law system, according to a senior insurance lawyer.
Colin Biggers & Paisley partner David Miller told insuranceNEWS.com.au the system should maximise the amount going to people who are suffering from the disease and minimise the amount in transaction costs.
“There has to be a better place than the courts for dealing with asbestos issues for insurers, the public and governments,” he told the Australian Insurance Law Association national conference in Melbourne last week.
“The new asbestos is the old asbestos, transmogrified perhaps, but it will keep going,” he said.
As an example, he pointed to estimates that one in 10 carpenters with 35-40 years of experience will develop mesothelioma due to their exposure to asbestos.
Outlining the ongoing litigation locally and overseas, Mr Miller highlighted two important cases set for hearing in the High Court next month.
He says insurers could see a broadening of liability develop, depending on a ruling on causation. Another case has implications for medical malpractice cover.
More articles like this
- General insurers in good shape despite disasters »
- Industry defends strata insurance pricing »
- Actuaries call for flood insurance pool »
- Insurers gouging, says Bligh »
- Queensland-NSW floods just seasonal weather »
- Melbourne storms cost insurers $550 million »
- Latest NZ quake claims total over $NZ1.2 million »
- 2011 catastrophe claims blow out to $4.9 billion »
- Reinsurers to cover 80% of NZ earthquake cost »
- Earthquakes royal commission seeks extension »
Latest Jobs
Self-employed brokerage opportunity without the need for a capital investment
1 February 2012
Consolidated Insurances offers a training and career opportunity to develop your own client register with the view to becoming a fully-fledged self-employed insurance broking business within a structure superior to any existing franchise agreement.
Manager, Sales and Relationships/ Business Development Manager
27 January 2012
Innovative market leader I Strong culture I Be responsible for the Sunshine Coast - Gold Coast region I Attractive Package (including salary sacrifice vehicle) I Tools of trade include smart phone and laptop
Public Liability Litigated Claims Officer
24 January 2012
Are you an expert in managing public liability claims, and want to move out of private practice? 12 month contract opportunity for you to get your foot in the door of a successful Australian business.
Business Development Manager, WA
20 January 2012
An exciting opportunity exists for an experienced BDM to join our friendly and supportive organisation that really makes a difference in the community. Position has arisen due to an internal promotion. Great team environment!
Data Entry
18 January 2012
An underwriting agency is seeking an experienced WinBEAT Processor/Administrator to join their small but busy team.
Business Development Officer
17 January 2012
The Business Development Officer is responsible for growing MIGA's Queensland business through the development and implementation of marketing and promotional initiatives, the identification of sales opportunities and implementation of sales strategies.
This week's most popular
- Steve Lardner set to retire »
- QBE performance wobbles »
- Losses continue to grow at Calliden »
- Insurers gouging, says Bligh »
- Club Marine CEO injured in road crash »
- Lumley appoints new distribution head »
- Industry defends strata insurance pricing »
- Suncorp sees big opportunities in AMP deal »
- Disasters bite into Wesfarmers’ insurance profit »
- General insurers in good shape despite disasters »