Real-Time Court Decisions and Other Developments in Asbestos Litigation.
This insurance-coverage dispute involved alleged asbestos exposure from asbestos-containing vermiculite mined from Vermiculite Mountain outside of Libby, Mont. The court acknowledged that vermiculite ore may contain toxic asbestos minerals, which alleged exposure formed the basis for the lawsuit. Specifically, in Zurich Am. Ins. Co. v. Burlington N. & Santa Fe Ry. Co. (March 13, 2025), … Continued
U.S. District Court, Middle District of Louisiana, October 19, 2022 The plaintiffs brought a wrongful death and survival action for damages related to the death of their decedent in 2019. Decedent had a forty-five year career as a welder in the marine industry which was alleged to have resulted in his exposure to asbestos. The … Continued
Supreme Court of New York, Monroe County Meissner v. Ridge Constr., Inc., 2022 N.Y. Misc. LEXIS 310 After obtaining a jury trial verdict of $8 million on November 19, 2019, in an action for asbestos exposure in 1970-71 resulting in mesothelioma against Ridge Construction, Inc., a former subsidiary of Eastman Kodak, the plaintiffs filed an … Continued
U.S. District Court for the Western District of Washington, December 14, 2021 An insurance coverage dispute arose out of an action by Northshore School District against Beresford for a construction project in which Beresford allegedly improperly and negligently disturbed asbestos-containing materials requiring extensive remediation, cleaning, and repairs. Beresford tendered its defense to Travelers, which denied … Continued
The plaintiffs, seeking payment of judgments entered against a supplier of raw asbestos fiber to employer of the plaintiffs’ decedents under New York Insurance Law § 3420 and a declaration that insurance companies’ transfer of insurance funds to the supplier constituted fraudulent conveyances in violation of New York Debtor Creditor Law, filed several actions against … Continued
U.S. District Court for the Eastern District of Louisiana, July 15, 2021 In an action by the plaintiff, former employee of a shipyard, for injuries related to asbestos inhalation and subsequent mesothelioma, the shipyard’s insurer moved to stay all proceedings due to the insurer’s being placed into liquidation in the Commonwealth Court of Pennsylvania as … Continued
Louisiana Court of Appeals, First Circuit, April 9, 2021 The plaintiffs brought suit on behalf of deceased against a number of manufacturers and suppliers of asbestos containing products allegedly causing asbestos-related lung cancer. The plaintiffs amended to add Arrowood Indemnity, successor of an insurer which issued a policy to Stone & Webster which was in … Continued
U.S. District Court for the District of South Carolina, March 1, 2021 The issues before the court arise from an insurance coverage action in which the parties disputed the rights and obligation of Covil under a policy allegedly issued to it and whether injuries in underlying asbestos actions are within the products and completed operations … Continued
U.S. District Court for the Southern District of New York, January 22, 2021 This case is an insurance coverage dispute between plaintiff Cosmopolitan Shipping Co., Inc. and defendant Continental Insurance Company regarding claims made against Cosmopolitan by seamen exposed to asbestos on its ships in the 1940s. The policy at issue was unable to be … Continued
U.S. District Court for the Southern District of New York, November 16, 2020 This case follows an opinion and order by the same court regarding resolution of the parties’ cross-motions for summary judgment. The opinion and order affixed liability on Danaher and Atlas Copco for costs incurred by Travelers in defending certain asbestos and silica … Continued