JURY DETERMINES WHETHER ASBESTOS SETTLEMENTS WERE REASONABLE
Date of Trial: November 2, 2010 through November 18, 2010
Judge: Honorable Fred Edwards
• Martin Pentz, Foley Hoag, LLP - Boston, Massachusetts
Chicago Bridge & Iron Company ("Plaintiff")
• Russell Roten and Robert Zapf, Duane Morris, LLP - Los Angeles
Certain Underwriters at Lloyd's London and Certain London Market Insurance Companies ("Defendants")
In 2008 and 2009 plaintiff Chicago Bridge & Iron settled 93 alleged asbestosis cases.
The claimants' asbestosis was allegedly caused by their exposure to vessels (digesters and tanks) which CB&I manufactured, erected and repaired at the Bogalusa Paper Mill in Louisiana.
Thereafter plaintiff sought reimbursement from its insurers at Lloyd's.
Lloyd's contended that the settlement values were unreasonable (unreasonably high) and therefore violated the terms of its policies.
Ten exemplar cases were chosen by the parties from the ninety-three settled cases and the reasonableness of the settlements was tried to a jury.
Plaintiffs' Trial Expert Witnesses:
Michael Weathersby, Esq., Everett Weathersby Houff, Atlanta, GA (testified that settlement of each of the 10 cases was reasonable).
Dr. Allan Feingold, M.D. (pulmonologist and NIOSH B-Reader) South Miami Hospital, Miami, FL
Jeffrey B. Hicks, CIH, QEP Exponent, Oakland, CA
Defendants' Trial Expert Witnesses:
Edward R. Hugo, Esq., Brydon Hugo & Parker, San Francisco, CA (testified that settlement of each of the 10 cases was not reasonable and as to the reasonable settlement range).
Gordon Bragg, Ph.D (I.H.), Toronto, Canada
Plaintiff moved to seal the verdict after it was recorded.
(Chicago Bridge & Iron v. Certain Underwriters at Lloyds, Nineth District Court of Montgomery County, Texas - Case No. 06-12-12485-CV, 11/02/2010)