In a significant victory for insurers, the 3rd U.S. Circuit Court of Appeals has ruled that occupational asbestos exposure does not meet Pennsylvania law’s traditional definition of a workplace “accident,” but instead must be treated as a “disease.”

In its 16-page opinion in USX Corp. v. Liberty Mutual Insurance Co., a unanimous three-judge panel overturned a lower court’s $2.2 million judgment after finding it had improperly relied on a 1993 decision of the Pennsylvania Supreme Court.

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