October 8, 2013

Asbestos suit filed by cancer patient over work-related expsosure

Source:, October 4, 2013
By: Holland Phillips

Several companies have been named in an asbestos lawsuit filed by a man who contracted lung cancer, which he attributes to his exposure to asbestos from the early 1970s.

Lones James Gagnard Jr. filed suit against Avondale Industries, Inc., Northrop Grumman Ship Systems Inc., Huntington Ingalls Incorporated, Eagle, Inc., Hopeman Brothers Inc., International Paper Company, Champion International, US Plywood, Liberty Mutual Insurance Company as insurer of Wayne Manufacturing Company, McCarty Corporation, Maryland Casualty Company as insurer of Marquette Insulation Inc., Metropolitan Life Insurance Company, Reilly-Benton Company, Taylor-Seidenbach Inc., Uniroyal Inc., Viacom Inc. as successor to CBS Corporation, Wayne Manufacturing, Albert Bossier, Certain Underwriters at Lloyd’s London, OneBeacon Insurance Company, J.D. Roberts, and James Melton Garrett in the Orleans Parish Civil District Court on July 19.

The plaintiff claims that he was exposed to injurious levels of asbestos and asbestos-containing products from his occupational exposure from 1972 to 1974 and subsequently contracted lung cancer.

The defendants are accused of mining, manufacturing, selling, supplying, distributing, and using products unreasonably dangerous and known to possess inherent dangerous properties with high potential for injury, failing to warn the plaintiff as to the hazards of their products in their foreseeable use, failing to provide safety instructions to eliminate or reduce risks associated with the products, failure to inspect truthfully or adequately report product testing and medical studies, failure to properly design, producing defective products, and failure to properly package their products. In addition, employers allegedly failed to provide Gagnard with a safe place to work, adequate engineering or industrial hygiene measures to control the level of exposure to asbestos and failure to warn of associated hazards.

An undisclosed amount is sought for all medical costs or expenses, lost earnings, mental suffering, anguish, pain, and suffering, physical pain and suffering, loss of quality of life and disability.

The plaintiff is represented by David R. Cannella of New Orleans-based Landry, Swarr & Cannella LLC and the Nemeroff Law Firm.

The case has been assigned to Division F Judge Christopher J. Bruno.

Case no. 2013-06802.


March 9, 2011

Apex waste plant insured by AIG units

Source:, October 6, 2006
By: Roberto Ceniceros

The operator of a hazardous materials facility that burned late Thursday, forcing the evacuation of thousands of residents near Raleigh, N.C., has a pollution liability policy with a $28 million aggregate limit issued by American International Specialty Lines Insurance Co., among other coverages, documents show.

American International Specialty Lines is a unit of New York-based American International Group Inc. The pollution policy also provides limits of $24 million for each claim, with coverage provided from August 2005 to August 2008, according to an EQ Holding Co. certificate of insurance.

Wayne, Mich.-based EQ-The Environmental Quality Co. is a privately owned company that operates the Apex, N.C., toxic waste handling facility that erupted into flames late Thursday. The facility manages, packs and transports a variety of chemical waste products, and the fire raised concerns that released fumes could be toxic.

Local officials asked about 17,000 people to evacuate the area around the plant, but only about 4,000 had done so Friday afternoon, a spokesman for Wake County said.

EQ’s certificate of insurance shows that its coverage was placed by Willis of Michigan Inc., a unit of Willis Group Holdings Ltd.

EQ also has a commercial general liability policy from Commerce & Industry Insurance Co. with a $1 million limit for each occurrence and a $2 million general aggregate. Commerce & Industry Insurance Co. is also an AIG unit. It also purchased excess liability on an occurrence policy form from American International Specialty Lines. That policy provides $10 million per occurrence with a $10 million aggregate.

Lexington Insurance Co., another AIG unit, also provides EQ with an excess umbrella policy with $15 million in aggregate limits and for each occurrence, the certificate of insurance shows.

AIG declined to comment.…