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Saturday, 6th September 2008

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Test cases put compensation in doubt for asbestos widow



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COMPENSATION has been awarded to the wife of a man who died from an asbestos-related disease — but a court case on insurance company payouts means she may not receive it.
Bob Tolley, 67, died of mesothelioma, an asbestos-related cancer, in September, 2006.

Earlier this month the High Court ordered his previous employer, Humphreys and Glasgow Ltd, to provide compensation for exposing him to asbestos between 1973 an
d 1974.

The money was due to be paid to Betty Tolley on June 26 but was frozen because of six test cases currently being heard by the High Court.

Insurers are claiming in court that policies sold to employers to cover workers made ill or injured at work become active when a disease develops rather than when an employee comes into contact with asbestos.

Mr Tolley, of Wartling Road, replaced asbestos sheets at work as he changed boilers from coal gas to natural gas but developed symptoms of the disease that killed him 32 years later.

Often mesothelioma, which causes malignant cells, often in the lining of the lungs, can be contracted 40 years or more after contact with the heat-resistant and highly toxic material.

By then employers such as Humphreys and Glasgow Ltd, and their insurers can have ceased trading.

Excess Insurance, which is in liquidation, is refusing to pay Mrs Tolley and, if the High Court result is unfavourable, her compensation, which she does not want to reveal, could be in jeopardy.

Mr Tolley's daughter, Christine Dennis, said, "When my mum had gone to court for compensation she thought she had got a bit of closure finally and someone had taken responsibility but this will be ongoing now.
"My dad died two years ago this September and it has taken all this time just to get it to court."

"The fact is that the company had exposed my dad to asbestos and disregarded his health and safety and they were made to pay.

"My mum said the dearest thing to her was my dad and she felt the dearest thing to the company was money and that was the only way of getting back at them."

An inquest last January heard Mr Tolley was provided with overalls but no mask or goggles as he worked with asbestos. The coroner recorded an open verdict.

Mr Tolley's family raised £1,403 for mesothelioma research last year and are to hold a charity golf tournament this September at Eastbourne United football club.

For more information visit the website at www.bobtolleyfund.co.uk




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  • Last Updated: 03 July 2008 1:56 PM
  • Source: n/a
  • Location: Eastbourne
 
 
  

 
 


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