Document zbQBr5B7dKaqZZ6ZVw29vxGm0

FILE NAME: Metropolitan Life (ML) DATE: 1933 Nov 17 DOC#: ML136 DOCUMENT DESCRIPTION: Memo from Dr. Lanza RE Differences in Benefit of Industrial Hygiene Studies to Insurers & Policyholders Depending on Study Design Castleman File: Met Life w/c = with cover letter or memo CD-ROM Document #:ML If DATE = 0, undated DATE published article from journal published government report government inspection results unpublished or internal report unpublished presentation from conference newspaper artipfe letter __ memorandum ~ if/ / 7 / industry warning labels industry sales literature industry recommended practices meeting agenda __ minutes __ attendee list legal filing of defense legal filing of plaintiff legal deposition O R __ legal testimony of: legal deposition summary / index 4. CR. AjJiSTF.CSC THIF.C TICE ??.*5IDERT Attached is & copy of & conrxalcc.tion ju st receivec frca Tie Columbia H ills, a Croup policyholder- I t seen* to se that this corarunication cakes necessary the outlining of a d eficit colicy which should govern ua with respect to this type of request. k I t has been our practice la the past to cake hygienic studlea of the plants of our Croup policyholder, and occasionally.non-policyholders, and on the basis of these studies submit to then a report outlining the conditions as w* found then 1th defin ite recom mendations for improveaient*. These reports a rt sissya confidential and are never given any publicity nor are they published without the consent of the firm for who# they ere made. In the past we have never been concerned ebout the leg al implications that sight be a t tached to these field studies, but our rscaat experience in Charleetoa and this request fro* The Columbia Mills seen to ee.to bake necessary a thorough understanding of hat va bay be letting ourselves in for. The asbestos study as nade several years ago before the general condition that no* obtains with respect to damage su its for oc cupational diseases had beccee prevalent. In the Columbia Mills case, > *a ere requested to xaka a lu s t study of their plant a t Nest Pullxan and this request as sanctioned by the Group Division. Nfcen Hr. Fehnei . w arrived a t the plant, h# found, th at, they wished studies to be made only { at certain point which, I t since- develops, n r* the places where there had be ployed &n individual who had filed a su it against the Columbia. H ills. This fin s no* wishes to asm th is report In defending th is s u it, 1 I have reason to suppose th at sim ilar requests are pending elsewhere. I t has beea our purpose in making these in d u strial hygiene studies to ascertain hat are the condition# affecting our policyholder in their placet of employment end to determine cathode of improving these conditions* So of our stu d ies, such as the asbestos study, have been on e rather vide and comprehensive basis and there is no question but, that e greet deal of good has re su lted in any cases. There has been favorable coeaent throughout In d u strial concerns. I t see to ee that 4 study u n d ertak a in th is s p i r i t and for the eutual benefit of our- selvee as insurers tad of the policyheldars is somewhat d ifferen t fro t the study made sp ecifically to furnish the employer with material with / / r which to defand a la* s u it. // ! 0346 -rs o t r e q u e n tly cur r e p o r ts Trill be brought i n to court by tne e r.-lcy e r in defending damage s u i t s and one ~f -nr s t a f f r i i ! be requested to appear in court tc authenticate the report. I t is possible, of course, that the present sta te of a f f a ir s is a p a s sin g one sr.d may g r a d u a lly s u b s id e but the i n d i c a t i o n s are t h a t in the near f u t u r e , a t l e a s t , t h e r e w ill be a very marked demand f o r the use of cur r e p o r ts in damage s u i t s . I I - T hat we co n tin u e tc make our i n d u s t r i a l hygiene s tu d i e s as re have in the p a s t a f t e r same have been properly approved b u t - i t h the understanding th a t -e inform ^ur Group pclicyhoicer th a t the study i s rase- ~!th the understanding t h a t i t r i l l not be used in court action. q - \ s -- ~ * " - j z e p ro-.ct.c:.. t to _=t-:rr.:.c _ I I . I f such a compromise cr.n be v.-cr'.-.el y be safeguarded a g a i n s t o b j e c t io n a b l e f e a t u r e s , I would be in- clir.ea tc favor i t. .-.uch : f cur turn, tig h t protrstisn. I do effort result fe e l, however, th at there w ill be s i d e - t r a c k e d i n to in cur being compelled tc i s perhaps a danger th at too t h i s damage s u i t orfc which, adopt po lic y No. I I in s e l f - November 1?, 1333 . J . Lanza, M.. Assistant "edical director 0247