An Allegheny County trial judge has ruled in a case of first impression that, for insurance coverage purposes, an injury occurs on the date of a plaintiff’s first exposure to asbestos, despite recent scientific evidence suggesting diseases almost never commence upon the initial inhalation of asbestos fibers.
In North River Insurance v. Mine Safety Appliances, Allegheny County Court of Common Pleas Judge R. Stanton Wettick Jr. granted defendant Mine Safety Appliances’ motion for summary judgment, finding that plaintiff North River Insurance is obligated to cover MSA under any policies in effect during the period extending from the date of a claimant’s first contact with asbestos to the date a claimant’s mesothelioma or asbestos-related cancer first manifested.
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