Workers exposed to asbestos and producers of asbestos-containing products can breathe a sigh of relief thanks to a ruling by the 5th U.S. Circuit Court of Appeals. In Guaranty National Insurance Co. v. Azrock Industries Inc., the court on April 27 resolved a question of first impression that arises often in asbestos litigation: Should plaintiffs be deemed injured at the time they are allegedly exposed to asbestos or when they manifest an asbestos-related illness? The temporal issue involves millions of dollars of insurance coverage, since policies cover only those asbestos injuries that “occur” during a policy period.

A unanimous two-judge panel held that an injury occurs for coverage purposes when a worker is exposed to asbestos. The ruling will give plaintiffs and asbestos producers greater leeway in tapping insurers’ deep pockets.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]