We know that the vast majority of claims for asbestos related conditions arising from asbestos exposure in employment can have occurred decades ago. Therefore one of the main difficulties in pursuing a claim against a previous employer that exposed you can sometimes be difficult.
Many of the companies may now, due to the passage of time, have ceased to exist. The problem with this is that we are therefore no longer able to sue them directly for the asbestos disease compensation that you are entitled to. Therefore, it is critical that we are able to obtain insurance cover that was in place at the time of your period of exposure to asbestos in work. If insurance cover can be located,we will then be able to recover compensation against the insurer on risk at the time.
The Difficulties of Tracing Insurance
One of the main difficulties in this area is the location of insurance cover. As we are often dealing with records originating from many years ago, there is a risk that insurance may not be traceable.
One difficulty is that there was no legal obligation on insurers to have employer’s liability insurance in place until 1972. Though many of the larger employers did have insurance before this, it does make finding insurance cover for smaller companies more of a challenge to the unwary.
How We Can Trace Your Insurance
One of the main tools we use to obtain historic insurer records is the ELTO (Employers’ Liability Tracing Office) search which was introduced by the insurance industry. This involved consultation ofa comprehensive computerised database containing all new and updated employers’ liability insurance policies. It also makes it easier for insurers and solicitors to find older records of insurance cover. If there is no information already contained within the database, then we can request an extended search. This requires the insurers to search for any records they have which contain the company information we have provided.
Unfortunately, in some cases, insurance cover cannot be located through ELTO. At Asbestos Justice will not halt our searches here, but will leave no stone unturned in looking to pursue other avenues to locate insurance details. We will consider the database contained on the ‘Association of Personal Injury Lawyers (APIL) website which may indicate insurance cover that has been previously located on other like cases.
If this has not been successful then we will delve even deeper. This means that we will locate the historic records of the Defendant and locate previous directors of the company. We will then make every effort to contact them to establish whether they have any recollection of who their insurer may have been.
Finally, we will scour local and national press and media to locate mention of the Defendant and any links that may open up potential avenues of investigation.
History of Success
Thanks to our many years of experience in the field we have now built up our own insurance database containing insurance policy results for thousands of pursued companies which is consulted in all asbestos disease cases to assist in tracing insurance coverage.
Whilst we are carrying out our searches we will also apply for your Inland Revenue Schedule of Employment. This takes information from your old national insurance contribution cards and lists the employer during each tax year from 1961 onwards. Often this can be illuminating, as the company name which is registered may be different from the one that is operating. Also the company may have been taken over by a different company at some point during your employment. This may provide us with the correct company identity on which to search insurance for.
At Asbestos Justice we have been successful in locating insurance cover for old companies where other have failed and pride ourselves on offering this specialist insurance tracing service for our clients.