LATEST INSIGHTS

Insurance Coverage
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Sixth Circuit Applies Pro-Rata Allocation for Michigan, Allows Reimbursement

Indian Head acquired a gasket manufacturing company that had for some time produced gaskets containing asbestos and continued to manufacture and sell such gaskets for five years after the acquisition. Shortly after acquiring the manufacturing company, Indian Head purchased three consecutive liability insurance policies from Continental Casualty Company. Later, Indian Head was sued in thousands of lawsuits for asbestos-related injuries.

The Continental policies had an exclusion precluding coverage for any liability assumed “under any contract or agreement” except for an “incidental contract,” defined as a …

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Insurance Coverage
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Ohio Appellate Court Applies Triggering-Event Theory of Occurrence, Annualization of Policy Limits in Asbestos Coverage Matter

The William Powell Company makes industrial valves. Some valves manufactured before 1987 contained asbestos. In 2001, Powell began receiving personal-injury claims emanating from asbestos exposures involving its products. Faced with potentially thousands of claims, Powell sought defense and indemnification under various insurance policies. At issue here were occurrence-based policies that were written by a predecessor to OneBeacon Insurance Company between 1955 and 1977.

OneBeacon asked the court to define “occurrence” as used in the policies as Powell’s decision to manufacture valves containing asbestos without providing …

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Bankruptcy / Case Decisions / Pennsylvania
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Non-Malignant but Not Malignant Claims Part of Bankruptcy Estate

This case is part of the consolidated asbestos products liability multidistrict litigation (MDL 875), and is on the court’s maritime docket. The plaintiffs alleged the decedent William Lawrence was exposed to asbestos while working aboard various ships. Ship owners represented by Thomson Hine (the defendants) filed a motion for summary judgment, which the court denied.

In 1996, Mr. Lawrence brought claims for non-malignant asbestos-related disease against various defendants, including the defendant ship owners. Two months later, Mr. Lawrence filed for bankruptcy and did not list …

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Case Decisions / New Jersey / Summary Judgment
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“Frequency, Regularity and Proximity” Standard in New Jersey Law Acknowledged in Denying Two of Four Summary Judgments

The plaintiff was a machinist, pipe fitter and electrician from the 1950s-1970s and alleged asbestos exposure during his work at a variety of locations, including during home repair and automotive maintenance. In 2013, he was diagnosed with asbestosis. The plaintiff testified as to working with pumps as a machinist helper on the USS Kitty Hawk while working for the New York Shipyard. He also testified as to asbestos exposure while working as a sheet metal worker for the Pennsylvania Railroad.

Defendants Buffalo Pumps, DAP, Sid …

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California / Case Decisions / Summary Judgment
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Summary Judgment for Brake Manufacturer Reversed as Circumstantial Evidence of Exposure Sufficient to Show Triable Issue of Fact

The plaintiffs, wife and sons of Henry Linsowe, filed a complaint in 2011 alleging causes of action for negligence, strict liability, and loss of consortium. In their complaint, the plaintiffs alleged that Linsowe worked as a brake mechanic at Downey Ford from 1969 to 1986 and that he was exposed to asbestos “during various activities, including handling, beveling, removing, cutting, scoring, grinding, shaping, drilling, and installing of asbestos-containing brake pads and shoes, and the use of compressed air to clean and remove asbestos dust from …

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General
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Happy Holidays; or Alternative Exposure to Asbestos Snow

With the holiday season upon us, I came across a vintage picture of asbestos snow. There were several manufacturers of asbestos snow, which used to be a product that provided some ambiance to Christmas trees. Common brands were Pure White, Snow Drift and White Magic. The directions called for sprinkling the powder freely over and beneath your tree. It was also used by manufacturing companies to decorate any type of Christmas decoration you can think of — from tree ornaments to wreaths that hung …

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Case Decisions / Illinois
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GE Granted Dismissal on Personal Jurisdiction Grounds While Plaintiff’s Loss of Consortium Claim Remains Against Several Defendants

The plaintiff filed this complaint against multiple defendants asserting claims in negligence, willful and wanton misconduct, and loss of consortium for her decedent’s development of mesothelioma. The decedent was alleged to have been exposed to asbestos while serving in the U.S. Navy on board the USS Maryland from 1941-46.

Three defendants moved to dismiss the loss of consortium claim. The moving defendants argued that Illinois’ wrongful death act rendered her survival loss of consortium claim as “superfluous.” The plaintiff countered and argued that her loss …

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Case Decisions / Louisiana / Remand/Removal
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Take Home Mesothelioma Case Remanded After Plaintiff Adds Dismissed Defendant to Amended Complaint

Charleen Guedry brought this action against multiple defendants for her alleged development of mesothelioma as a result of exposure through her husband’s work clothes. Mr. Guedry worked at International Maintenance/Turner from 1983-2005.

The plaintiffs moved to dismiss claims without prejudice against defendant Arnco on May 12, 2016. Co-defendant Brock indicated to the plaintiffs its intent to remove the case on diversity since Arnco was being dismissed. On May 19, 2016, the plaintiffs withdrew the dismissal of Arnco and desired to conduct discovery based on receiving …

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Case Decisions / Federal Officer Removal / Louisiana / Remand/Removal
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Affidavits Used in Other Cases Enough to Establish Removal Under Federal Officer Jurisdiction

The plaintiff brought a wrongful death lawsuit after her husband died of mesothelioma, alleging asbestos exposure during her husband’s service in the Navy. Originally filed in Madison County, Illinois, defendant Crane Co. removed on the basis of the federal officer removal statute. The plaintiff filed a motion to remand, arguing that Crane waived its right to remove by first filing a motion to dismiss in state court, and that Crane failed to establish federal subject matter jurisdiction. The court denied the plaintiff’s motion.

Regarding waiver …

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Case Decisions / Louisiana
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Defendant Dismissed for Lack of Personal Jurisdiction

Plaintiffs Breck Williams and Tarsi Williams, the children of decedent Frank Williams, filed this suit in Louisiana state court on June 2, 2016, after Frank Williams contracted mesothelioma and died as a result of alleged asbestos exposure. The plaintiffs allege their father’s exposure was caused by, among other defendants, Fiat S.p.A. for the installation, use, and maintenance of the injury-causing asbestos and sought damages under Louisiana law.

Fiat filed a motion to dismiss, challenging both the court’s personal jurisdiction over it and the sufficiency of …

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