Each mesothelioma sufferer is separate “occurrence” under insurance policy, says Wisconsin Supreme Court
Asbestos exposure can cause a variety of serious illnesses like lung cancer and malignant mesothelioma. While asbestos victims around the country seek justice from the asbestos manufacturers who produced the products that sickened them, asbestos manufacturers have been fighting with their insurance companies about the amount of coverage that is available to pay these claims.
The Wisconsin Supreme Court recently ruled that each person who is injured by an asbestos product must be considered a separate “occurrence” for purposes of insurance coverage. Insurers had argued that asbestos injuries collectively made up a single “occurrence” because they were caused by a single “mistake”—the decision to make and sell asbestos products. The court’s rejection of this argument means that asbestos manufacturers like Wisconsin’s Plastics Engineering Co. (aka Plenco)—who filed the appeal—will have access to much greater insurance coverage to compensate asbestos victims. Plenco made molding compounds used in manufacturing that, from 1950 until 1983, contained asbestos.
The ruling will also mean more coverage is available to pay the costs of environmental cleanups needed in Wisconsin, like the cleanup of northeastern Wisconsin’s Fox River, which has been polluted by long-time operation of paper companies along the river.
For more information, see the Associated Press story.
