Court rules against insurance company pro injured asbestos victims
Wisconsin Supreme Court rules Liberty Mutual Insurance must honor policy in asbestos exposure claims.
Dallas, TX (AmericanInjuryNews.com)–The Milwaukee BizTimes reported today a Wisconsin Supreme Court may have made a land mark ruling in cases involving small businesses where workers and consumers were seriously injured because of asbestos exposure. The court heard the case of Plastics Engineering Company (Plenco) vs Liberty Mutual Insurance Company. According to court documents, Plenco was a defendant in multiple asbestos lawsuits where injured workers and consumers sued the Sheboygan, Wisconsin plastics company for repeated direct and secondary exposure to asbestos containing products. The lawsuits alleged the injured plastics workers were exposed to asbestos products, which can lead to catastrophic lung illnesses like mesothelioma cancer, between 1950 and 1983.
Liberty Mutual Insurance Co., was the insurance carrier who insured Plenco from 1968 to 1989. After the asbestos related injury lawsuits were filed against Plenco in court, Liberty Mutual attempted to change Plenco’s insurance coverage policy. The major insurance carrier sought to restrict their coverage owed to Plenco. The insurance company attempted to force Plenco to pay pro-rated portions of defense and indemnity costs for years before Liberty Mutual became the insurance carrier.
The National Federation of Independent Business (NFIB) Small Business Legal Center is one of the nation’s leading small business advocates. NFIB filed a brief in the Wisconsin Supreme Court arguing on behalf of Plenco. The NFIB cited in their brief that pin pointing the exact date and time asbestos exposure happens is very difficult and insurance companies are aware of this knowledge. Illnesses and injuries related to asbestos exposure are usually catastrophic and lead to death. It takes a minimum of 20 years for the symptoms, of these fatal asbestos related illnesses and injuries, to present. Allowing insurance companies to wiggle out of legitimate claims by their policy holders would be unfair. This may be a precedent setting case for workers and consumers injured by direct and secondary exposure to asbestos. Forcing insurance companies to live up to their business obligations outlined in their policies will help asbestos related injury victims recover compensation for their damages and injuries including desperately needed life saving asbestos and mesothelioma cancer treatments.
AmericanInjuryNews.com by Dallas Injury Lawyer Amy K. Witherite
Practice areas: Asbestos Injury Claims
Amy Witherite. Eberstein & Witherite, LLP. 3100 Monticello Avenue, Suite 500. Dallas, TX 75205 - Toll Free: (888) 407-6669
Online Mesothelioma Personal injury lawyers - AmericanInjuryLawyers.com