Insurers falling into the “claimant trap”
Insurance companies have been warned against “unwittingly helping” build evidence for opponents’ industrial disease cases and falling into a “common claimant trap”.
Lisa Grey, partner at Hill Dickinson said some clients are investigating claims without sufficient upfront information from claimants. “This is becoming a bug bear for clients. They receive a generalised letter of claim indicating that a claimant has developed an industry disease, for example, an asbestos-related condition. The letter goes on to state that the claimant worked for them and that, therefore, they are liable as the claimant was exposed to asbestos.
“Some clients have subsequently carried out detailed investigations into these claims o find out the details. By investigating these poorly particularised claims, and disclosing their findings they are inadvertently building these and future claims on behalf of the claimant and their solicitors,” she said.
Lisa warned that building cases on behalf of the claimant could obstruct protocol that enables early exchange of information that encourages parties to settle cases without the need to go to court.
If a claimant's letter is not "properly particularised" then the defendent should revert to asking the claimant's representative for more details, she added.