When a mesothelioma victim or their family member decides to file a personal injury lawsuit against those they blame for their illness, the claim can include all parties involved, from the mine where the asbestos originated to the manufacturer and sellers of the asbestos-contaminated products and their insurance companies. These companies frequently use multiple legal strategies to evade responsibility. Still, one of those strategies recently failed for the insurer of a shipyard that is frequently faulted for its negligence in protecting against asbestos exposure.
Avondale Shipyard’s Insurer Asks for Permanent Dismissal from Mesothelioma Claim
Ted Matherne and his family filed the claim on behalf of Roseanna Matherne, who was diagnosed with mesothelioma in late December of 2021 and died just 3 months later. The suit says that her disease was caused by exposure to asbestos from the clothes of her husband, who worked at Avondale Shipyards. Among the defendants named was the Louisiana Insurance Guaranty Association (LIGA), which is the statutory obligor for policies issued by Avondale’s insurer, Lamorak Insurance Company.
Because Lamorak was included in a bankruptcy filing issued in Pennsylvania earlier in 2021 and notices were sent out to all claimants stating a deadline for claims, LIGA filed a motion for summary judgment asking for the mesothelioma claim to be dismissed because it was filed past the deadline. This motion was granted, and LIGA then asked for a final judgment to be issued using a rule designed to stop piecemeal appeals.
Judge Denies Request for Final Judgment from Insurer in Mesothelioma Claim
LIGA’s attorneys asserted that their request for final judgment was to prevent multiple mesothelioma claims from being filed against it in the future, and pointed to other cases where similar requests had been granted. But the judges reviewing their request noted that in those other cases more than 20 cases were pending, while LIGA only had three, and only two in their section.
The court concluded that there was no prejudice or harm caused to LIGA by waiting until the mesothelioma case was complete, and that since the company is the statutory obligor for Lamorak Insurance’s policies, the Matherne’s claims against their co-defendants still remain. The judges denied the company’s request, and the mesothelioma victim’s family may still be able to appeal the decision at a later point.
If you or someone you love has been diagnosed with malignant mesothelioma, the Patient Advocates at Mesothelioma.net are here to help you navigate the complexities of your situation. Contact us today at 1-800-692-8608 to learn more.
