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Company trying to recoup settlement money in asbestos litigation

In South Carolina and elsewhere some individuals are battling illnesses and incurable respiratory diseases associated with exposure to asbestos. Not only are construction workers, factory workers and other industrial employees at high risk for such injuries, people who live in or near various types of structures or businesses may also be in danger of contracting asbestos-related illnesses. Ongoing asbestos litigation in another state involves one company that is suing its insurance company to recoup millions of dollars it was forced to pay out in a settlement.

The situation involves people who suffered asbestos-related illnesses in connection to a vermiculite mine in their community. Victims filed damage claims that led to a $43 million settlement. In 2009, the National Indemnity Co. paid out $16 million of the total amount.

In a turn of events, however, that company then filed a lawsuit against its insurer in an effort to recoup the money it lost through the settlement. The basis of the lawsuit is that the insurance company breached its fiduciary duty to defend the state against asbestos damage claims. A state district judge recently ruled that insurance company is, in fact, liable for the $43 million settlement because of the reasons stated by the plaintiff.

It's important for victims of asbestos injury to get the medical care and treatment they need to sustain as high a quality of life as possible for diseases that have no cure at this time. Asbestos litigation is a means toward compensation for many victims, who can then use monies awarded by the court to pay their medical bills and help make ends meet, especially if they are no longer able to work. To begin the litigation process in South Carolina, it often helps to speak with an attorney who has experience with asbestos-related cases.

Source:, "Montana judge: Insurer liable in $43M asbestos settlement", March 6, 2018

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