Monthly Archives: February 2009

Lawsuit against Asbestos Doctor

Corporate America’s beloved Forbes loves to try to hammer trial lawyers, and when it comes to asbestos lawyers that’s probably even more true.  So it publishes this story, which appears to be a Mississippi lawsuit against Mississippi doctors who may have been working the system improperly.  But the Forbes spin seems to be that these poor asbestos companies – who’ve killed literally thousands of people with their mesothelioma causing toxin – are the victims.  Seriously, though I won’t dispute that it’s possible the company here might have been wronged, asbestos victims and lawyers who help them are hardly the bad guys in the world of asbestosis, asbestos and mesothelioma.

Asbestos Insurance in Wisconsin

Plastics Engineering Company (PLENCO) v. Liberty Mutual Insurance Company, 2009 WI 13, is an asbestos insurance case recently issued by the Wisconsin Supreme Court.  The primary holding of the decision is found in the following paragraph:  “First, under this policy and the facts of this case, we must determine what constitutes an occurrence and how many occurrences have taken place.  Liberty Mutual argues that Plenco’s manufacture and sale of asbestos-containing products without warning constitutes one occurrence regardless of the number of people injured.  Plenco, on the other hand, argues that each individual’s exposure to asbestos, which results in injury, constitutes a single occurrence.  Under Plenco’s argument, several occurrences have taken place because many people have been exposed over the span of many years.  Given the policy language, we agree with Plenco and conclude that each individual’s repeated exposure constitutes an occurrence.”

Since this asbestos case affects businesses and insurers in Wisconsin asbestos lawsuits, I’ll direct those folks to Quarles’ and Foley’s interpretations of the case.

Asbestos Occupations

Asbestos-related occupations include the following:

Auto mechanics
Building inspectors
Demolition workers
Floor covering manufacturers or installers
Furnace workers
Hod carriers
Iron workers
Maintenance workers
Merchant marines
Operating engineers

For a more complete list see Wisconsin mesothelioma occupations.

Asbestos Shipyards

I also previously mentioned that my client had worked with asbestos at shipyards throughout the U.S.  Even though he lived in Wisconsin, we made a claim against the entities involved with asbestos at those shipyards causing his mesothelioma.  Some shipyards include: Alabama Drydock/Shipping Company, Avondale Shipyards, Brooklyn Shipyard, Long Beach Naval Shipyard, Pearl Harbor Shipyard, Philadelphia Naval Shipyard, and San Diego Naval Shipyard.