Insurers: Mich. Supreme Court’s Decision Will Reduce Asbestos Litigation Abuse

The Michigan Supreme Court’s decision to preclude trial courts from bundling asbestos cases for trial or settlement is an excellent first step toward restoring balanced justice in asbestos cases in the state, according to the Property Casualty Insurers Association of America (PCI).

“From now on, each case will be tried or settled on its own merits, rather than bundling a large number of people who are not sick with one or two truly sick people,” said Dave Golden, director of commercial lines for PCI. “This also means that people sick from asbestos will get the individual attention they deserve. We may see faster resolution of those cases where the facts and injuries are clear.”

As the majority wrote, this decision was made with the pending medical criteria bill in mind. The justices addressed what they thought was appropriate within judicial rulemaking, without intruding on what they felt was the Legislature’s right and responsibility to make laws. The court’s order leaves open the Legislature’s option to enact medical criteria legislation.

Earlier this year, House Bill 5851 passed from the Committee on Tort Reform to the floor. This bill preserves the ability of people who are actually sick from asbestos exposure to seek compensation; while preserving the rights of other workers should they eventually become sick from asbestos or silica exposure. However, the bill has not moved since late May. Legislative committees continue to study the issue through the summer.

“We applaud the wisdom of the Michigan Supreme Court,” stated Golden. “PCI is hopeful that the Michigan Legislature will continue its work on medical criteria legislation to prioritize sick claimants, while protecting the rights of other people exposed to asbestos, if they should ever become sick themselves.”

PCI identifies itself as a national trade association composed of more than 1,000 member companies. PCI members write over $184 billion in annual premium, 40.7 percent of the nation’s property/casualty insurance.

Source: PCI