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hile everyone agrees that victims of ships that helped the country win WW II.
I asbestos-related ailments deserve Johns Manville Corp., as the world's largest l compensation, there is still some producer of asbestos, is also being blamed
argument about who should foot for workers' exposure to the carcinogen.
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Manville has already been hit with law
"It is difficult to assess blame in asbestos suits totaling several million dollars filed by
cases since it can cake up to 30 years for the asbestos victims. The company responded
symptoms ofasbestos exposure to surface," to the crisis by filing for Chapter 11 bank
says Carl Good, NRCA's director of mem ruptcy in 1982, halting all litigation aimed
bership. "Complicating the problem is the at it until the proceedings are completed.
feet that many insurance policies have Manville has proposed a multi-million dol
lapsed, leaving victims and their families lar trust to aid in asbestos victim compensa
without coverage."
tion, but technicalities stiff need to be
The manufacturers, insurance compa ironed out before distribution of the fund
nies and federal agencies involved are all can begin.
responsible to some extent for the problem.
In light of these complications, some
The government exposed thousands of groups are calling for the creation of a
workers to asbestos as they built the war- national commission devoted solely to han
dling asbestos injury claims. Representative
Pat Williams, 0-Mont., believes that the fed
eral government should assume some
responsibility for compensating victims of
occupation-related diseases. His plan calls
for federalizing workers' compensation to
allowforclaimsagainst thegovemment. The
congressman hopes his idea will provide a
common sense, non-adversarial way to.deal
with the staggering backlog of asbestos
claims.
Insurance hard to find
Manville's problems have notgone unno
ticed by the insurance industry. As a result,
contractors are finding it increasingly diffi
cult to locate companies willing to under
write asbestos removal. Some insurers are
coming to the contractors' aid, however.
One Connecticut-based contractor, the
Acmat Corp., and United Coastal Insurance
have undertaken a joint venture to insure
high-risk clients.
To protect themselves, contractors not
regularly involved in asbestos removal are
taking a hard look at the job before pro
ceeding. Ifthey find some asbestos removal
Recentasbestos litigation includes the unanimously passed Senate bill will be required, they are renegotiating
S. 0083, the Asbestos School Abatement Act. The bill requires schools to their contracts to allow for the extra work
abate asbestos hazards. House and Senate versions of the bill would or expense involved.
allocate an additional 825 million annually through 1990 for this work.
The biggest difference between House and Senate amendment proposals
is a provision in the House legislation that exempts contractors and
school officials from liability for personal injury or property damage
resulting from abatement activities unless the damages arc caused by"
negligent conduct. Another provision states, "An asbestos contractor or a local educational agency who is a defendant in such an action may not be
PLAINTIFF'S EXHIBIT
held jointly liable with any other defendent in such action, but may be
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held severaly liable in such action."
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