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25 May 2012, 8:55 am
Under all underlying insurance policies at issue in this case, for which the insurer purchased reinsurance, the insured was sued by claimants alleging asbestos bodily injury and, in each case, the insured under each policy entered into a funding agreement with the insurer respecting the payment of such claims. [read post]
22 May 2012, 3:50 am
In practice, if this was the correct interpretation it would result in many Claimants being unable to claim compensation for their condition despite their being a negligent exposure to asbestos. [read post]
18 May 2012, 6:42 am
For example, there are claimants who have been waiting for compensation from Travelers Insurance Company since 2004. [read post]
14 May 2012, 8:24 am
Claimants with only pleural plaques have been relegated to an “inactive” docket. [read post]
8 May 2012, 5:15 pm
The Court noted that frequently in mass tort and asbestos cases future claims have been dealt with by the appointment of a claims representative. [read post]
8 May 2012, 5:15 pm
Normally bankruptcy does not expand pre-petition contracts or impose different risks on contracting parties, but it appears that when the courts are firmly convinced of the public good of creating an asbestos trust, insurance contracts at least can be re-written. 11 U.S.C §524(g) was added to the Bankruptcy Code after the historic Johns Manville asbestos bankruptcy case to codify the use of a trust and channeling injunction to allow asbestos defendants to channel… [read post]
7 May 2012, 1:46 pm
Should the Asbestos Trust's database of claimant information be an OPEN BOOK??? [read post]
4 May 2012, 9:30 am
The judgment also explain in a helpful way what actually is meant by “assuming responsibility” to a claimant or class of claimants. [read post]
19 Apr 2012, 7:48 am
This insulation contained asbestos. [read post]
17 Apr 2012, 5:14 am
A Ministry of Justice Report released in March 2012 has confirmed that the implementation of the Third Parties (Rights against Insurers) Act 2010 (the "Act") is to be delayed until 2013.The Act replaces legislation dating back to 1930 and will streamline the process by which a claimant (including those suffering from asbestos related diseases) can claim against the insurer of an insolvent wrongdoer. [read post]
30 Mar 2012, 8:56 am
The saga begins with the judgement in Rothmann ([2007] UKHL 39), that insurers had no liability towards claimants who through workplace exposure to asbestos had developed pleural plaques, a form of lung scarring which indicate a predisposition to mesothelioma but are not themselves harmful. [read post]
27 Mar 2012, 7:42 am
There is no precedent for requiring claimants to specify a precise limit of acceptable smell, and there is no accepted methodology for doing so. [read post]
27 Mar 2012, 7:07 am
It might be thought that similar claimants here would not go uncompensated. [read post]
19 Mar 2012, 6:30 am
Sign up to free human rights updates by email, Facebook, Twitter or RSS Related posts: The evolved mind: rising to the environmental challenge Insurers’ right not to pay damages for putting asbestos into insured’s lungs? [read post]
11 Mar 2012, 8:45 pm
The letter further stated that the other claimant(2nd claimant), who had an extensive smoking history, died of smoking related lung cancer, and that plaintiff's expert was unable to find any "definitive" asbestos related disease. [read post]
Non-final orders, jurisdiction, and fresh pasta with tomatoes, rosemary and braised kale with garlic
4 Mar 2012, 1:47 pm
., a Florida not-for-profit corporation, and all other unknown parties including claimants, persons or parties, natural or corporate, or whose legal status is unknown, claiming under any of the above named defendants, Appellants, v. [read post]
2 Mar 2012, 8:02 pm
And American Optical has had 140,000 claims filed against it where claimants have alleged that their respirators were responsible for asbestos-related diseases in wearers. [read post]
23 Feb 2012, 6:18 am
If the Court opens the gates to international claimants who have been victimized by the asbestos industry, future Asbestos Personal Injury Settlement Trusts may need to be set up in consideration of a much larger victim pool needing compensation. [read post]
22 Feb 2012, 6:49 am
Most trusts will pay claimants a predetermined percentage of what their claim is worth had it been litigated. [read post]
4 Feb 2012, 12:21 pm
There have been over 12,000 suits against Thorpe from claimants alleging injury from asbestos exposure. [read post]
