Off-premises defense washed up? Two courts rule for plaintiffs on second-hand asbestos claims.(LITIGATION TREND)

National Underwriter Property & Casualty-Risk & Benefits Management, May, 2005 by Wilson, William D.

DESPITE THE PREDICTION A number of years ago that asbestos claims were going to stabilize and begin to taper off, the number of claims actually has been rising in recent years, a recent study revealed. According to the study, titled "Asbestos Liability," by the Rand Institute for Civil Justice, "more than 700,000 [of those exposed to asbestos] have brought claims, and just as many, and possibly even more, claimants may come forward with claims in the future." The greatest increase involves claimants with non-malignant injuries, although there has been an increase in the number of mesothelioma claims as well.

As more and more asbestos manufacturers are driven into bankruptcy and settlement funds start to dwindle, plaintiffs' attorneys have been looking to...

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