Is an Argument Challenging Precedent Bad Faith? Pennsylvania Bad Faith Ruling in Asbestos Coverage Case Raises This Important Question

Since 1993, the Pennsylvania Supreme Court’s decision in the J.H. France case has dictated that the continuous trigger rule be applied to determine what insurance policies are triggered for asbestos injury claims. Under J.H. France, coverage is provided by policies in effect from the time the claimant was first exposed to asbestos until injury manifests as mesothelioma. The J.H. France court’s decision was expressly based on the science behind mesothelioma, which indicates that mesothelioma is a continuous, progressive injury that
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Schism Between Groups of Asbestos Claimants Following $358 Million Garlock Settlement

In a $358 million dollar agreement, which has drawn nationwide attention from insurers and other companies with asbestos liabilities, Garlock Sealing Technologies has agreed to settle all asbestos claims against the company. This agreement was made possible largely because of evidence that lawyers fraudulently inflated judgments and settlements. This development may aid other insurers and companies with asbestos liabilities to dispute similar claims brought by asbestos lawyers. Garlock Sealing Technologies is a wholly owned subsidiary of EnPro Industries, Inc., which
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Schism Between Groups of Asbestos Claimants Following $358 Million Garlock Settlement

In a $358 million agreement, which has drawn nationwide attention from insurers and other companies with asbestos liabilities, Garlock Sealing Technologies has agreed to settle all asbestos claims against the company.  This agreement was made possible largely because of evidence that lawyers fraudulently inflated judgments and settlements.  This development may aid other insurers and companies with asbestos liabilities to dispute similar claims brought by asbestos lawyers. Garlock Sealing Technologies is a wholly owned subsidiary of EnPro Industries, Inc., which manufactured
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Toll Free: First Circuit’s Decision Potentially Leaves Thousands of Asbestos Claimants Without Remedy Due to Expiration of Statute of Limitations

In Lydon v. T& N Ltd., 2015 WL 544970 (1st Cir. 2015), the First Circuit found in favor of T&N Limited, an asbestos manufacturer, effectively denying thousands of asbestos-related claims. Once T&N became aware that its product exposed it to significant liability due to its propensity to cause mesothelioma, T&N filed for Chapter 11 Bankruptcy reorganization. Although one of T&N’s principal assets was a 500 million pound liability insurance policy issued by Hercules, United Kingdom law controlled the bankruptcy and
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