The families of two Montana mesothelioma victims who won millions in compensation from BNSF Railway Company have now filed a complaint in a federal court, saying that the company and its insurer breached their claim-handling duties and strategically delayed the resolution of their claims to earn interest income on the money that was owed to the victims’ families.
Despite Legal Victories, Claims Against Railway Remain Unresolved
Tom Wells and Joyce Walder both died of malignant mesothelioma after years of exposure to asbestos in Libby, Montana. Their families have pursued justice for years, with the Asbestos Claims Court of Montana finding BNSF strictly liable for “abnormally dangerous activity” surrounding its operations in Libby. The Montana Supreme Court upheld that ruling in March 2020, freeing the way for the families to file suit in federal court in September 2021.
In April 2024, a federal jury hearing the case found that BNSF contributed to the mesothelioma deaths and awarded each estate $4 million in compensatory damages. Now the families claim that both the railway and its insurer, Zurich, failed to make timely or reasonable settlement offers or to pay any medical care expenses during those. legal proceedings. They’ve accused them of using the opportunity of the lawsuit to implement a strategy of “delaying resolution of the plaintiffs’ insurance claims and opportunistically breaching the claim settlement duties defendants owed to plaintiffs.”
Mesothelioma Families Seek Equitable Relief
In their filing, the mesothelioma victims’ estates note that both the railway and its insurer used the delay in paying insurance claims to generate income on monies owed to them. “At an average annual rate of return in excess of 11%, defendants VNSF and Zurich have earned hundreds of millions of dollars on the Libby asbestos claim reserves for fully accrued clear liability claims over the past twenty years of litigation.” The mesothelioma victims’ families are seeking equitable relief of disgorgement of profits and damages for violations of insurance claim handling duties.
If you or someone you love has been harmed by exposure to asbestos, it’s important to work with experienced advocates who can stand up for your rights. The Patient Advocates at Mesothelioma.net are here to help. Contact us today at 1-800-692-8608.
