Insurance coverage problems in latent disease and injury cases
Latent diseases and injuries-those which appear several years or more after initial exposure to a toxic substance and which progress with few or no symptoms to indicate their gravity-will be a major source of litigation in the 1980's. The increasing medical problems suffered by persons exposed to the chemical by-products of our industrialized society are producing important questions of tort law, leading to equally vexing questions about insurance coverage available to the manufacturers and distributors of toxic products. The magnitude of the potential liability is sufficient to cause some lawyers and insurance industry representatives to predict that latent disease claims may threaten the financial health of both the insurance companies and the industries involved. Only in recent years has medical science sufficiently established the links between toxic substances and resulting diseases to provide injured persons with a sound basis for a legal claim. These medical discoveries have led to a steadily rising flood of claims and litigation, particularly for asbestos-related diseases. The author discusses the nature of asbestos cases and the basis for imposing liability on asbestos manufacturers or distributors. It then discusses at length the duty of insurance carriers to defend and indemnify the manufacturers or distributors whom they have insured.
- Research Organization:
- John Marshall Law School
- OSTI ID:
- 5523274
- Journal Information:
- Environ. Law; (United States), Journal Name: Environ. Law; (United States) Vol. 12:2; ISSN EVLWA
- Country of Publication:
- United States
- Language:
- English
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