Part 12: Asbestos Industry, Insurers Face Financial Pressure
The Asbestos Story: America's Greatest Industrial Tragedy
A Tale of Deceit, Design & Temerity
By Christopher M. Placitella
Cohen, Placitella & Roth, P.C.
The financial pressure on profits caused by the projected number of cases is clearly being felt by the Asbestos industry and its insurers. In an effort to avoid paying certain Asbestos claims, some insurers disclaim coverage and litigation ensues between Asbestos industry members and its insurance carriers.
While industry members and the insurance carriers fight the claims of workers arguing many workers are not injured and not worthy of compensation, the companies take an entirely different position when suing each other.51 Many of the industry admissions are filed under seal so that members of the general public and the workers will not learn what is happening.
The companies consider the insurance coverage case extremely important:
This case and the issues it presents are of wide ranging import because of the thousand of cases involving Asbestos diseases, which have been filed in recent years throughout the United States, and the many cases that can be expected in the future.
Internally, the companies secretly admit that the Asbestos disease process begins as soon as it is inhaled, it is progressive and irreversible. Asbestos disease is advanced by the time it is diagnosable by conventional means.
The undisputed medical facts are that . actual bodily injuries, in the form of tissue or cellular damage caused by lodged Asbestos fibers, begins shortly after such fibers are first inhaled.
That injury and the onset of fibrosis occurs soon after the initial deposition of Asbestos fibers in the lung . is supported by the overwhelming weight of the medical evidence.
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Macrophages summoned to the site of deposit fiber also produce and release upon their arrival toxic substances which eat away surrounding tissue.
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The only conclusion that could be drawn from the medical evidence, is the conclusion that is virtually uniform in the medical literature - Asbestos related injuries are the result of continuous injurious process, beginning with the first exposure and continuing through clinical manifestation.
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