My payout victory's a dream come true
5:00pm Saturday 31st March 2012 in North Essex By James Calnan
A GRANDAD dying from asbestos poisoning described as "all my dreams come true" a court ruling that should see his family receive a major compensation payout.
Former roofer David Mahoney, 52, was exposed to asbestos while building the former British Home Stores building in Colchester.
Mr Mahoney, of Scarfe Way, Colchester, was later diagnosed with lung cancer, mesothelioma. His insurance firm claimed because it was not covering him when he was diagnosed in October 2009 he was not entitled to compensation.
But this week the Supreme Court ruled liability was "triggered'' when employees were exposed to asbestos dust, not when symptoms of mesothelioma emerged.
Solicitors said the ruling meant victims were covered by policies in place when asbestos fibres were inhaled and insurers would have to meet compensation claims.
Mr Mahoney said: "It's all my dreams come true. As soon as we got the decision, I could feel the weight coming off.
"I didn't think, deep down, we would get the verdict, even though everyone told me we'd get it."
Mr Mahoney had hoped to use the money on life-prolonging injections not offered on the NHS.
But the lengthy court battle means they would no longer be effective.
Instead, he wants the money, thought to be about £200,000, to provide security for his wife Angela, his five children and 11 grandchildren.
He said: "At least I know my wife and family will be financially secure when I die.
"It's just the relief of getting the justice everyone deserves. It was a long road, but it's worth it now."
Mr Mahoney worked for builders Myton on the British Home Stores' building for 18 months from 1976, where he inhaled asbestos particles.
Myton's insurer, Builders' Accident Insurance, folded in the Nineties and BAI Claims Services was set up to handle cases. In 2010, a High Court judge ordered the company to pay Mr Mahoney an interim £50,000. Along with a handful of other insurance firms, BAI refused while a "trigger" case made its way through the Appeal Court and Supreme Court.
Mr Mahoney's lawyer, Jennifer Wood, of WE Solicitors, said he would receive the interim payment shortly.
The firm had applied to have a "stay" on the case lifted following the ruling. His case will be expedited, meaning a court hearing where a final payout will be decided will take place in six to eight weeks.
A BAI spokesman told the Gazette the company was effectively insolvent and directed inquiries to accountants Pricewaterhouse Coopers. No-one from Pricewaterhouse Coopers was available for comment.
