Companies that formerly mined limestone or sold products containing it should consider examining their historical insurance coverage now to determine if they have asbestos coverage. Asbestos-related injury claims allege exposure not only to raw asbestos but to asbestos allegedly included in other minerals or in end products, such as joint compound. Modern asbestos claims often pertain to injuries resulting from exposure that occurred as far back as the 1950s or 1960s. Generally, insurance policies issued prior to the mid-1980s cover asbestos bodily injury claims, and those historical insurers will respond to a claim filed today that implicates their old policies.

Recent filings reveal a new group increasingly targeted in asbestos litigation: companies that operated limestone quarries, supplied limestone to other companies, or incorporated limestone into end products. For example, a plaintiff in a pending California suit alleges that he contracted mesothelioma from exposure to, among other things, “asbestos-containing limestone.” Hyland v. The Boeing Company, et al., 24CV097547. Similar claims have been filed.

Consider recently filed complaints such as Hyland a warning shot from the plaintiffs’ asbestos bar to businesses that historically mined limestone, supplied limestone or sold a product containing it. Companies who are already being sued should assess whether their old insurance policies provide coverage for the claims. Companies who are at risk of being sued should ensure that they have ready access to their historical coverage before the first claim is filed. Rest assured, if the plaintiffs’ asbestos bar has not already identified your company as a target, it will.

Disclaimer: This case summary is provided for informational purposes only and does not constitute legal advice. Polales Horton & Leonardi LLP is experienced in handling complex insurance coverage matters on behalf of policyholders across the United States. To discuss your specific insurance coverage issue, please contact Jacob M. Mihm.