Asbestos issue bogged down in court system: lawyer

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19 October 2009

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.