Allocation of defense costs when there are uninsured periods: yet another confusing aspect of asbestos and other insidious disease litigation
Article Abstract:
Insurers should carry the entire cost of defending asbestosis or other insidious disease suits in actions involving uninsured and insured years. The broad duty to defend falls on the insurers, regardless of the trigger theory. Case law holds insurers responsible for defense costs under manifestation, injury-in-fact, and continuous trigger theories. In exposure theory courts, insurers should be responsible because apportioning defense costs is difficult. Placing the entire burden on insurers meets the equitable and administratively feasible solution standard. Moreover, standard policy language does not address mixed insured and uninsured periods.
Publication Name: Journal of Products and Toxics Liability
Subject: Law
ISSN: 0967-2680
Year: 1995
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The silicone gel breast implant controversy: the science surrounding the regulation and litigation
Article Abstract:
The class action settlement for health problems stemming from silicone breast implants has revealed problems with scientific data about products. The Food and Drug Administration approved implants even though safety testing had not been carried out and did not classify them as highly risky until 1988. However, access to data concerning their safety became available only after records from Hopkins v. Dow Corning Corp were released. More litigation is inevitable if scientific research does not resolve health problem questions before products are marketed as safe.
Publication Name: Journal of Products and Toxics Liability
Subject: Law
ISSN: 0967-2680
Year: 1995
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Lead and litigation
Article Abstract:
Lead poisoning litigation may develop into a major area of products liability practice because of the widespread use of lead-based house paints and the growing body of knowledge about the harm to children caused by lead. Lead litigation can be treated similar to other mass torts based on harm done by useful products, and theories of liability may include intentional torts, negligence and strict liability theories. Judges have case management challenges to deal with, but the product use and the harm should be understandable to juries.
Publication Name: Journal of Products and Toxics Liability
Subject: Law
ISSN: 0967-2680
Year: 1995
User Contributions:
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