Apex Oil is suing an insurance firm for allegedly failing to pay the oil company for defending an asbestos exposure lawsuit filed at Madison County Circuit Court. Apex has filed a lawsuit against insurance company Arrowood Indemnity asking for defense costs incurred by it for fighting an asbestos lawsuit filed in year 2010.
The asbestos case was filed by Ms. Mary Krohn over her husband Mr. Richard A Krohn’s asbestos-related death. Mr. Krohn was an employee of Clark Oil between 1957 and 1996. Clark Oil is Apex oil’s predecessor.
However, the insurance company says it is not actually legally responsible to cover the asbestos lawsuit against Apex Oil as it wasn’t notified about the case in a timely manner. Richard Krohn’s last asbestos exposure took place in 1996 at the Blue Island facility of Clark Oil and his lawsuit for asbestos exposure-related injuries was filed on 4th August, 2010. However, according to Arrowood, it did not receive any notice regarding the case until 2012 December when an instant action was filed by Apex Oil against the insurance company. Arrowood says it is not at all responsible to cover that asbestos claim as Apex Oil’s policy had expired well prior to the incident. Arrowood says Apex’s last policy expired on 1st January, 1982, which means the asbestos plaintiff’s last exposure didn’t occur during the time period Apex’s policy was in effect as needed to trigger coverage.
Additionally, Arrowood says that it is operating on a 3-year provision, which states it isn’t legally responsible for covering bodily injuries by disease unless filed 3 years or sooner following the expiry of the policy.
According to the lawsuit filed on behalf of Mr. Richard Krohn, he was not diagnosed with malignant mesothelioma until 2008 December, which Arrowood Indemnity argues was well after the time period for insurance coverage.
Asbestos exposure was quite common in industries especially prior to the 1980s. Because of this, many former workers have suffered and are suffering from various asbestos-related diseases. These workers have the legal right to sue their former employers and other responsible companies over their asbestos-related ailments. If the liability is proved, they can win reasonable damages as well. Asbestos exposure can cause serious and fatal diseases. Asbestos-related diseases often appear several decades after the victim’s exposure to the substance. However, once appeared, they can be deadly. Malignant mesothelioma, lung cancer, pleural plaques, and asbestosis are some diseases caused by exposure to asbestos.