PUNITIVES REVIEW: $30 million punitives confirmed on top of $6.5 million compensatory damages for insurer’s failure to warn Defendant of ARD risk at Grace’s vermiculite mill in Bellwether Asbestos Court case… Parker. [Read more…]
$36,500,000 verdict, insurer’s failure to warn of asbestos
VERDICT: $36,500,000 ($30 million punitives) for insurer’s breach of duty to warn of asbestos hazard at Libby mill. [Read more…]
Insurance, safety program duty of care
INSURANCE: Comp insurer with safety program owed duty of care under Restatement of Torts §324(b)-(c) to warn workers of risk of Libby asbestos exposure… summary judgment to worker on duty element of negligence claim against insurer erroneously granted without applying 324A, but correct result for wrong reason… ruling allows 800+ former Grace workers to continue claims against insurer… Eddy affirmed (other grounds, supervisory control). [Read more…]
Lead case against Grace’s comp insurer pre-trial rulings
LEAD CASE AGAINST GRACE’S COMP INSURER: Fact issues preclude summary judgment as to when Plaintiff knew he had ARD. . . MCC owed a duty of care to warn Zonolite and Grace of the hidden hazard of asbestos exposure, but fact issues exist as to whether it breached this duty to Plaintiff. . . Plaintiff who filed no comp claim has no common law insurance bad faith claim against MCC. . . MCC’s non-party (State, Grace) defenses precluded. . . other in limine rulings. . . Eddy. [Read more…]