Imagine going through a long battle against an asbestos company, winning in court, and then having to pursue yet another legal battle to get the company’s insurer to provide the compensation that you’re owed. That is exactly what is happening to Patrick Rossello, a man diagnosed with malignant mesothelioma after having been exposed to asbestos in a building where he was taking a training program in preparation for becoming a bank manager. When Mr. Rossello sued Lloyd E. Mitchell, Inc., the builder who was responsible for using asbestos-contaminated products in the building, they won a $2.7 million judgement, but that was not the end of the story. Now the man has to pursue the builder’s insurance company, which is attempting to avoid having to pay the full amount.
The case was heard this week by the Maryland Court of Appeals after a lower court sided with Zurich American Insurance Company and said that the company did not have to pay the full $2.7 million to the mesothelioma victim. The insurance company’s argument was that the builder had stopped doing business in 1976, and that because they had not continued to carry liability insurance and it was unknown exactly when the asbestos that caused Mr. Rossello’s illness was inhaled, they should not be responsible for the lump sum payment. Instead they wanted the man’s compensation spread out across all of Lloyd E. Mitchell’s insurance policies, as well as across an additional period of time. This would reduce the compensation that he received to only $900,000.
The insurance policy that Mr. Rossello has indicated would be appropriate for payment of the compensation for his mesothelioma provided $3 million in liability insurance, an amount that would more than cover the jury’s judgment. The appeals court is expected to hand down their decision shortly.
When a person is diagnosed with malignant mesothelioma due to the negligence of another, justice demands that they receive compensation for the injuries that they’ve suffered. For assistance in getting what is due to you, contact us today at 1-800-966-2244.