Fatima Al-Rikabi | Wilson Elser The Washington Supreme Court’s recent decision in Polinder v. Brand Insulations, Inc., No. 102782-6 (Wash. Apr. 30, 2026), provides clarifications on how the construction statute of repose applies to contractors in asbestos litigation. By resolving conflicting appellate decisions, the Court established a more precise framework for evaluating when a contractor’s historical… Continue reading Analysis of Polinder v. Brand Insulations, Inc. and the Washington Construction Statute of Repose
Tag: asbestos
Insurer Cannot Abandon Defense Agreement on Underlying Asbestos Claims Against Insured
Tred R. Eyerly | Insurance Law Hawaii The court found that the insurer continued to be bound by a defense agreement entered with the insured who merged with another company. Continental Ins. Co. v. Neles-Jamesbury, Inc., 2023 U.S. Dist. LEXIS 52521 (D. Mass. March 28, 2023). In 1990, Neles-Jamesbury became the sucessor… Continue reading Insurer Cannot Abandon Defense Agreement on Underlying Asbestos Claims Against Insured
Safe Commercial Asbestos-Removal Practices
Emily Newton | Construction Executive Contractors must proceed with caution to safely remove asbestos and protect employees and commercial buildings. Only contractors licensed by the Environmental Protection Agency (EPA) in abatement should dispose of it, because the best asbestos-removal practices require high degrees of care and safety. Asbestos is a stealthy material, quickly becoming airborne… Continue reading Safe Commercial Asbestos-Removal Practices
New York Court Finds No Coverage Owed for Asbestos Losses Because Insured Failed to Prove Material Terms
Marianne Bradley and Gregory Capps | White and Williams In the long-tail insurance context, it is not unusual to have issues arise addressing “lost” or “missing” policies. In an opinion issued on January 22, 2021, a New York court ruled that an insurer did not owe coverage to its insured for underlying asbestos claims because… Continue reading New York Court Finds No Coverage Owed for Asbestos Losses Because Insured Failed to Prove Material Terms
Breaking News: Connecticut Supreme Court Decides Significant Coverage Issues in R.T. Vanderbilt
Patricia B. Santelle and Ciaran B. Way | White and Williams On October 4, 2019 (almost two years after granting certification), the Connecticut Supreme Court affirmed the Appellate Court’s rulings on four key coverage issues in R.T. Vanderbilt Company v. Hartford Accident & Indemnity Company, et al. The coverage dispute in Vanderbilt concerns underlying actions alleging that talc and… Continue reading Breaking News: Connecticut Supreme Court Decides Significant Coverage Issues in R.T. Vanderbilt