Tag Archives: Occupational Disease Claims

The white paper – in association with the Marsh Occupational Disease Claims Practice, offers a review on the impact of asbestos exposure in the higher education sector

Executive summary

It is clear the education sector is impacted by claims arising from asbestos exposure. There are some 301 establishments within the sector and many have their origins in the post war expansion of the sector, when the use of asbestos was widespread. Furthermore, many of the occupations which according to the Health and Safety Executive (HSE) report (HSE: HSG264) involved a potentially injurious exposure to asbestos are found in the education sector. The University and Higher Education sector in the UK expanded dramatically from 1945, both in terms of infrastructure and number. This expansion was juxtaposed by a national rise in post war construction and development, which made extensive use of asbestos. This scenario has left a legacy which Universities need to consider when managing their potential future liabilities. Our research shows the risks associated with the use of asbestos impact both longstanding and ‘new’ universities alike. Most buildings constructed prior to 1999 contain asbestos, in varying quantities and to varying degrees of toxicity. This represents a high percentage of university infrastructure. Universities need to fully understand the potential for employers’ liability (EL) claims as a result of mesothelioma and to manage the financial risk of such liabilities.

Please download the white paper Mesothelioma White Paper-v1

Insolutions won the Claims Initiative of the Year this year 2011 at the Insurance Institute at Manchester annual awards.

This award recognised the success achieved by Insolutions in creating a unique, market-leading approach to help organisations manage their exposure to asbestos related claims.

The article in the Financial Industry Gazette gives detail of the Disease Liabilities Risk Management Tool and how it is used by Insolutions to help companies of all sizes manage the financial risk of their disease liability.

Download the actual article from the  Financial Industry Gazette

Many congratulations to our Marsh Manchester team, led by John Penwill, along with our Occupational Disease Claims Practice and Insolutions colleagues, who won the Claims Initiative of the Year Award at the recent CII Manchester Insurance Awards. This award recognised the success achieved by the three Marsh teams to work together to create a unique, market-leading approach to helping organisations manage their exposures to mesothelioma claims- a significant issue for companies in the Manchester area in light of it’s history of manufacturing activities. The team’s approach included development of a highly effective Disease Liabilities Risk Management Tool, supported by a well targeted and sustained marketing campaign.

Insolutions collects the IIM CII-Insurance Award

Ian Pelham (right) receives the Award from Lynn Darker at IIM CII 2011

Winner IIM CII-Insurance Award

To put clients with potential occupational disease liabilities in touch with our award-winning team, please contact Ian Pelham

Asbestos: A dark Legacy.

“Knowing your company’s corporate history could help prevent future unwelcome surprises in the law courts”, says Ian Pelham.

Asbestos-related claims and in particular Mesothelioma, present a real business risk to many companies, firstly because they have still to reach a peak, and secondly because the current legislative landscape in many countries, including the UK, makes it easier than ever for individuals to bring legal action against firms that may have exposed them. For many companies the extent of this risk is still unknown.

To download a .pdf of the Article please click here.

In October, the Court of Appeal in London handed down a long-awaited judgment in the Employers’ Liability Policy Trigger litigation (also known as Durham v BAI). The decision of the Court of Appeal, which reversed the effect of part of the first instance High Court judgment, has given rise to significant uncertainty in this complex area of law. A number of aspects of the decision are likely to create coverage issues for policyholders in relation to claims under employers’ liability policies in relation to mesothelioma, and possibly also other diseases, and may lead to a review of the law in relation to public liability policies.
This seminar will cover both legal and practical issues that will need to be faced by corporate policyholders while the uncertainty created by the Court of Appeal’s decision remains.

Topics Covered:

Introduction: The significance of ƒƒDurham v BAI
Anne Ware, Partner, Covington & Burling LLP

An analysis of the Court of Appeal’s judgment and the legal implicationsƒƒ
Richard Mattattattick, Of Counsel, Covington & Burling LLP

Practical implications of the decision, including the importance of locating ƒƒpolicy wordings, claims reporting issues, market reaction, and practical examples
Bill Kirkhamam, Occupational Disease Claims Practice Leader, Marsh; and
Ian Pelhamam, Senior Vice President, InSolutions Ltd (a Marsh company)

For more information please contact Ian Pelham


Marsh, the world’s leading insurance broker and risk adviser, is advising organisations to examine their potential exposures to asbestos-related claims ahead of a predicted peak in 2016.  Marsh’s advice follows its publication of new research on actual mesothelioma cases before the Queen’s Bench Division of the High Court of Justice in London which highlights the range of UK occupations and industries affected by diseases such as mesothelioma.

The research reveals that only one-quarter (27.5%) of the claims analysed were found to involve organisations operating in the mechanical, electrical and process engineering industries. The rest of the cases examined emanated from claims in the chemicals industry (11%); construction (7.5%); metals and minerals (6.5%); and the electronic products, electronics and IT hardware sector (6.5%). The final settlement values in the cases reviewed ranged between £50,000 and £200,000.

Over a third (36%) of the cases examined were from 1956 to 1960, making it likely that initial exposure would have been 40 years prior to the effective start of a claim. This indicator, supported by data from the Health and Safety Executive which indicates UK mesothelioma claims are expected to peak in 2016, suggests that it is likely that affected employees will have been exposed to asbestos between the late 1960s and mid 1970s.

Marsh’s research also suggests that widespread publicity surrounding mesothelioma claims is impacting on the number being made by dependants which, at 47%, is almost as many as the number instigated by principals (53%).

Marsh’s new White Paper, Mesothelioma Claims, which was produced in conjunction with the University of East Anglia (UEA), examines 15% of the court cases commenced between September 2006 and October 2007 in the Queen’s Bench Division of the High Court of Justice in London and assigned to Senior Master Whitaker, the Senior Master of the Supreme Court of England and Wales, Queen’s Bench Division, Royal Courts of Justice, and the Queen’s Remembrancer.

Ian Pelham, who oversaw the research project with UEA and is a Managing Consultant at InSolutions, part of Marsh’s Risk Consulting Practice, commented: “Marsh’s research highlights that few, if any, industries are immune to the  possibility of mesothelioma claims arising from past employment practices.

“Mergers and acquisitions in the second half of the 20th Century, followed by a contraction back to ‘core business’, has resulted in many organisations now being unaware of their potential exposures to asbestos-related claims.

“With the fast track approach to claims, championed by Senior Master Whitaker, in place in the courts companies now have a very limited time window to locate their legacy employers’ liability coverage, once they received notice of a potential claim.

“If companies have not yet investigated their potential future liabilities, it would be prudent to do so now. They should ensure that they review and understand their corporate histories and that, where available, they catalogue copies of their old employers’ liability policies and store them safely. If a company becomes aware of a potential gap in its insurance record relating to a site that might give rise to a mesothelioma claim, it is advised to investigate whether the insurers from that period can be found.”

Terry Kendrick, MBA Programme Director, Norwich Business School at the University of East Anglia, said: “Supporting Marsh with data analysis on this project has provided real insight for our MBA students studying strategic risk management. The startling issues around the potential growth and value in mesothelioma claims have provided a real and vital case for them to study.”

Marsh’s White Paper, Mesothelioma Claims, includes commentary from Senior Master Whitaker, Richard Mattick, of Counsel with the London office of law firm Covington & Burling LLP, and a case study of Polestar Group, one of the UK’s largest printers of magazines and newspaper supplements. To obtain a copy, please contact vivian.x.wong@marsh.com or visit: www.marsh.co.uk.

About Marsh

Marsh, the world’s leading insurance broker and risk adviser, has over 23,000 employees and provides advice and transactional capabilities to clients in over 100 countries. Marsh is a unit of Marsh & McLennan Companies (MMC), a global professional services firm with approximately 53,000 employees and annual revenue exceeding $11 billion. MMC also is the parent company of Guy Carpenter, the risk and reinsurance specialist; Kroll, the risk consulting firm; Mercer, the provider of HR and related financial advice and services; and Oliver Wyman, the management consultancy. MMC’s stock (ticker symbol: MMC) is listed on the New York, Chicago and London stock exchanges. MMC’s Web Site is www.mmc.com. Marsh’s Web site is www.marsh.com.

About the University of East Anglia

The University of East Anglia was founded in 1963 and directly employs around 3,000 full-time staff, has over 14,000 students and an annual income of some £170m. It is estimated to be responsible for indirect employment of some 3,300 people outside the institution and generates direct and indirect economic impact of around £420m. In the latest Research Assessment Exercise, over 50 per cent of the university’s research activity was deemed to be world leading or internationally excellent with 87% in total being of international standing. Thanks to the university and its Norwich Research Park partners, the city has the fourth greatest concentrations of ‘most highly cited researchers’ in the UK, after London, Oxford and Cambridge.