News Summary
A recent Superior Court ruling has stirred significant discussions among lawyers regarding asbestos liability. The court determined Liberty Mutual only partially covers claims related to asbestos exposure. This decision originated from the tragic case of Tim Ross, who died from mesothelioma after years of asbestos exposure. With implications for future long-term exposure claims, legal experts are debating its impact on compensation for victims. An appeal has been filed as concerns grow over how this ruling aligns with precedent in other states.
A Judges’ Ruling on Asbestos Coverage Sends Ripples Through Legal Community
Overview of the Controversial Decision
A recent ruling from a Superior Court judge has determined that a commercial general liability insurer, Liberty Mutual Insurance Co., is only responsible for compensating a portion of an asbestos exposure judgment based on the years it covered New England Insulation Co. This judgement stems from a heart-wrenching case initiated by Amy Ross, who lost her husband, Tim Ross, to mesothelioma in 2013, merely two years after his initial symptoms surfaced.
The Tragic Background
Tim Ross was a man whose life was irrevocably altered due to his exposure to asbestos-containing materials while he insulated commercial boilers during the 1960s and 1970s. His battle against mesothelioma not only robbed him of his life but also devastated his family.
In 2018, a jury awarded Amy Ross a staggering $9.9 million judgement against New England Insulation Co. for the pain and suffering her husband endured. New England Insulation held a series of general liability (CGL) policies from Liberty Mutual from 1973 to 1983, and while the insurer initially agreed to pay $2.2 million based on coverage from its active period, the implications of the legal ruling have sent shockwaves through the legal community.
Continuous Trigger Theory Unraveled
The proceedings unveiled a pivotal legal principle known as the “continuous trigger theory”, which Liberty Mutual applied to argue that Tim Ross’s ongoing exposure to asbestos contributed to his health decline. This legal reasoning factored in the duration of his exposure starting from 1965 all the way until his death.
Judge Hélène Kazanjian endorsed this approach, elucidating that there was continuous bodily injury from the initial exposure until the tragic conclusion. This concept hinged upon the understanding that the first inhalation of asbestos fibers instigated cellular damage that would ultimately result in the development of mesothelioma.
Prorated Liability: A Precedent Set
The legal ruling also referenced a prior case, the 2009 Boston Gas Co. v. Century Indemnity Co., which adopted a prorated distribution of liability based on the time each insurer was involved. This pivotal ruling sets a tone for how future cases regarding long-term exposure to hazardous materials may be adjudicated, ensuring liabilities are distributed among insurers in a defined manner.
Expert testimony revealed the significant latency period associated with asbestos-related injuries, aiding the jury’s understanding of the long-term consequences associated with exposure. Ultimately, the judge expressed that the continuous trigger maximizes recovery for victims by sharing the financial burden among all responsible insurers.
Appeal Filed Following Controversy
Despite the court’s decision, Amy Ross’s legal team has moved to file a notice of appeal. Their primary concern revolves around how this ruling compares to precedents in other states, particularly in jurisdictions such as Maryland, which have offered more favorable outcomes for plaintiffs in similar circumstances.
Legal experts weigh in on the outcome’s implications. Some suggest that while continuous trigger theory can broaden the coverage options for victims, it might simultaneously restrict the total financial compensation available for defendants historically due to exclusions in specific policies.
A Call to Reassess Insurance Availability
Michael C. Shepard, a noted plaintiffs’ attorney, raised serious concerns regarding the Boston Gas precedent, characterizing it as skewed against asbestos victims. He highlights potential tactical legal maneuvers by insurers aimed at evading full accountability.
The original trial demonstrated the troubling reality that many disease mechanisms associated with asbestos exposure begin at the moment of initial contact. Liberty Mutual’s policies stipulated liability for “all sums” that New England Insulation owed due to bodily injury tied to continuous exposure.
As a landmark decision in the realm of long-tail insurance litigation, the effects of this ruling will likely ripple throughout the legal landscape, reminding practitioners to assess the availability of insurance on a case-by-case basis.
In the end, the 12-page legal decision, officially recorded as Ross v. Liberty Mutual Insurance Co., et al., raises critical questions about the long-term liabilities of asbestos-related claims and the extent of coverage for victims seeking justice.
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Additional Resources
- Mass Lawyers Weekly: Judge applies ‘continuous trigger’ theory to asbestos case
- Wikipedia: Mesothelioma
- Boston Globe: Judge ruling on asbestos claims holding insurers liable
- Google Search: asbestos insurance coverage law
- Encyclopedia Britannica: Asbestos
Author: STAFF HERE CHARLESTON
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