Red tape row hits widow's cash bid

Patricia Withers - could lose compensation

04 December 2007 11:00

A grandmother who husband died from an asbestos-related disease could miss out on an estimated six-figure compensation payout because of red tape.

Now Patricia Withers, 67, must attend a hearing at London's Royal Courts of Justice next Monday (10) to find out whether she will be due any compensation over the death of her husband Thomas.

Mr Withers was just 61 when he died in June 2002 from malignant mesothelioma, an industrial disease caused by exposure to asbestos dust whilst working as a lorry driver.

Shortly after his death she enlisted the help of asbestos-related claims specialist Irwin Mitchell, based in Sheffield, to see if she was liable for compensation.

However, no one came forward to admit responsibility for insuring the now defunct firm where Mr Withers worked until last year.

When Zurich Insurance, which insured the London firm at the time, admitted responsibility the widow, a grandmother-of-five, was told a six-figure payout was likely.

However, a legal row has erupted because Zurich is now refusing to payout because the claim for compensation to them was not made with the statutory three-year time period after her husband's death.

Mrs Withers, from Sendall Road, North Walsham, who described her husband as her soul mate, said: “It's a disgusting way for them to behave.

“You cannot put a price on a person's life and my husband is not here anymore due to asbestos.

“It was not his fault he got the disease. He did not even get the chance to retire. I miss him terribly and I'm on my own, and nothing can replace that.

“They're saying that I should have claimed for compensation when he was diagnosed, which was more than two years before he died.

“But at that time that's the last thing you think about. The three years' time limit should go from when the insurers are found, not from when the person died.”

Mr Withers was exposed to asbestos whilst working as a lorry driver at Lawrence Brothers Transport Ltd, in London.

Part of his work included transporting sacks of white asbestos.

The couple's daughter Julie Dixon, 42, a mother-of-three, from Station Road, North Walsham, described the insurance companies refusing to pay out as “disgusting”.

She said: “The insurers are trying to get away with it. They are insulting the memory of my father and all the other men who died from this terrible disease.

“At the time when we first consulted our solicitors we were within the timeframe, but at that time the insurers were not obliged to come forward. But due to a change in the law, they are now, and that's why they had to come forward this year. That's why it took so long.

“But they're saying now that the timeframe has expired. They're a great big company, while my mum is on her own and on a lowly pension. All we want is justice.”

David Cass, of Irwin Mitchell, added: “The London firm folded in 1978 and we only found out this year that Zurich insured the firm when Mr Withers was working there. I think it's despicable what the solicitors for the firm are doing.

“We will argue at the hearing that finding the insurers for the firm is a crucial element of the case and we should not be penalised for it taking so long.”

A spokeswoman for Zurich, said: “This case is sub judice and therefore it would be inappropriate for us to comment. What we can say is that we hope that the court hearing scheduled for December 10 will give us clarity around the complicated issues associated with it.”

The Evening News launched our Asbestos Action Campaign in 1997 to outlaw the use of white asbestos after the death of Norwich factory worker Malcolm Gardiner.

In recent years hundreds of people have received compensation for being exposed to potentially-deadly levels of the substance.

Have you or your family been affected by asbestos? Telephone David Bale on 01603 772427 or email david.bale2@archant.co.uk.

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