Ronald L. Suman was diagnosed with malignant mesothelioma as a result of his exposure to asbestos dust and fibers during his employment with Penelec between 1975 and 1996. After he died, his wife filed an amended complaint for wrongful death on behalf of herself and their children. Though the victim’s insurer argued it was not responsible for defending the man’s employer against the claim, the Pennsylvania Superior Court ruled against the company, allowing the widow’s claim to continue.
Insurer’s Obligation to Cover Claims at Issue Following Mesothelioma Death
The recently decided case offers a window into the complex way that insurers handle claims against mesothelioma victims’ employers. When Mr. Suman was diagnosed, he and his wife filed suit against his employer for his occupational exposure, alleging negligence, breach of warranty, strict liability, medical monitoring, and a claim for loss of consortium for Mrs. Suman. Penelec’s insurer, Continental Insurance Company, initially defended the employer but then withdrew, arguing that it was legally excluded from the claim.
The electric company counterclaimed, arguing that the insurer was obligated to defend it against Mrs. Suman. The case made its way through the courts, with the trial court saying that Mr. Suman’s claims were not subject to Pennsylvania’s workers’ compensation laws and did not exclude coverage for Mrs. Suman and their children. On appeal, the state’s Superior Court agreed that Mr. Suman’s coverage was barred but that Mrs. Suman’s was not.
Superior Court Disallows Argument Against Mesothelioma Widow’s Insurance Coverage
In disagreeing with Continental’s argument that Mrs. Suman’s claims were exclusively based on the harm that had befallen her husband, the court determined otherwise, noting that Mrs. Suman was claiming her own bodily injury that was separate and apart from that of her husband and that since she claimed that Penelec knew or should have known of the danger asbestos in her husband’s workplace posed to her, it did not relieve the company of its obligation to defend Penelec, and potentially offer compensation to Mrs. Suman for her own injuries.
Just as a mesothelioma diagnosis affects the victim and those who love him, so too can asbestos exposure in the workplace. To explore the repercussions of your own family’s encounter with asbestos, contact the Patient Advocates at Mesothelioma.net today at 1-800-692-8608.
