Weightmans Disease-i
03 September 2010
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General disease issues




Insurance histories and coverage
This is a fundamental area which in prelitigated cases ought to have been resolved by your Insurance Clients prior to instruction.

Limitation
Limitation is often a very real defence in Occupational Disease claims. This is particularly so with long-tail disease claims such as Noise Induced Hearing Loss and Vibration White Finger.

Quantum
Save over the issue of apportionment disease/condition claims are to be considered on the usual basis for valuing personal injury claims.

Apportionment & contributions
Firstly the case handler must establish whether the disease/condition is what is termed ‘divisible’ or ‘indivisible’.

Financial services compensation
FSCS deals with claims against authorised firms (those regulated by the FSA) that they are unable, or likely to be unable, to pay claims against them. This is usually because they are insolvent.

Corporate histories
In divisible disease claims where there are insurance gaps it is particularly important that insurers and solicitors ensure the correct company is sued. This is because the named defendant will pick up the liability for any uninsured proportion of the claim.

Idcwp handling guidelines
The objective is to establish a claims handling and resolution convention between EL insurers. This is intended to operate on a basis of pragmatism and reciprocity but within a framework which takes account of legal principles.
Contact
For more information about disease-i please get in touch with Lorna White.



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