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A test case which could determine whether thousands of mesothelioma victims receive compensation has begun in the high court today.
The 'trigger test' case will determine whether employers are liable from the first exposure to asbestos or from when they become ill.
Unite trade union is backing the case, brought because Excess Insurance Company refused to pay the compensation awarded to the family of mesothelioma victim Charles Michael O'Farrell.
The insurer says liability only starts when mesothelioma develops, not when exposure to asbestos takes place.
Mesothelioma can take decades to develop, so if a victim's employer no longer exists they would be left without compensation.
Mr O'Farrell was exposed to asbestos in the 1960s, but the company ceased trading in 1986 and is now in liquidation.
Unite joint general secretary Derek Simpson said: "What's at stake here is millions of pounds which should be used to compensate asbestos victims and not be pocketed by the insurance industry.
"It is a sickening scenario and we will fight every step of the way to see that insurers are not allowed to pass the buck and dodge their liabilities."
The case is expected to last nine weeks with a decision due in autumn.
Cancer Research UK states that of all those diagnosed with mesothelioma only around one in ten will be alive three years later and only one in 20 will be alive five years later.
