A settlement agreement from the 1990s does not shield Chevron Corp. from a new lawsuit alleging the company’s asbestos contributed to mesothelioma diagnosed in a former seaman, the New York Court of Appeals said in a decision.

The court said Thursday in a split decision that a lawsuit brought against Chevron by a former merchant marine cannot be thrown out based on a settlement he agreed to in 1997 that was intended to exempt the oil and energy company from all future claims from the employee.