Michigan blocks asbestos case

August 21, 2006

The Michigan Supreme Court’s 4-3 decision to preclude trial courts from bundling together asbestos cases for trial or settlement is an “excellent first step toward restoring balanced justice” in asbestos cases in the state, according to insurance companies.

“From now on, each case will be tried or settled on its own merits, rather than bundling a large number of people who are not sick with one or two truly sick people,” said Dave Golden, director of commercial lines for the Property Casualty Insurers Association of America. “This also means that people sick from asbestos will get the individual attention they deserve. We may see faster resolution of those cases where the facts and injuries are clear.”

Plaintiff lawyers, however, predicted chaos and delay in Michigan courts.

“This costs the state more money, it costs the defendants more money and it costs the plaintiffs more money,” James Bedortha, an attorney for asbestos patients, told The Associated Press.

About 2,500 asbestos cases are pending in Michigan, while Ohio has more than 40,000.

Meanwhile, Michigan lawmakers are working on legislation that would prioritize claimants based on medical criteria. The U.S. Congress also has been considering federal legislation on asbestos.

Topics Legislation Michigan

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Insurance Journal Magazine August 21, 2006
August 21, 2006
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