Judge in Mesothelioma Claim Denies Insurance Company’s Request
Mesothelioma lawsuits are complex legal actions that involve numerous defendants and multiple layers of liability. The wrongful death claim filed by Roseanna Matherne’s family accused multiple companies of negligence for having exposed her to asbestos carried home on her husband’s work clothes, and that liability extended beyond her husband’s employer to the company that ensured her employer. Though the insurance company was involved in a bankruptcy that seemed to preclude the family from compensation, the judge hearing the case refused to grant them the right to formally close the proceeding, maintaining that the family might still be able to access funds through an appeal.
Insurance Company’s Bankruptcy Filing Complicates Mesothelioma Claims
The recent ruling preserved rights for Ted Matherne and his family, whose mesothelioma claim was originally filed against Avondale Shipyards following the death of his wife Roseanna. Ted had worked for Avondale Shipyards, and the asbestos that he’d unwittingly carried home on his clothing was the cause of his wife’s fatal illness. When they filed suit against his employer, the claim also named the Louisiana Insurance Guaranty Association (LIGA), which was obligated to pay for policies issued by Lamorak Insurance Company, the shipyard’s insurer.
Avondale has been found liable for hundreds of asbestos claims over the years, resulting in its insurer being included in a 2021 bankruptcy filing. At the time of the bankruptcy claim, a notice was issued letting all claimants know the deadline for filing claims, but that occurred prior to Mrs. Matherne’s death. When the family later filed a claim, a judge ruled that it had fallen beyond the last day to file, and was therefore barred.
Insurance Company Request for Final Rule Barring Mesothelioma Claim Denied
In light of this victory, the insurance company asked the courts to make this ruling final and bar the Mathernes and any other mesothelioma victims from appealing the decision. The Mathernes filed a motion to bar this action and asked the court not to finalize the ruling until their lawsuit had been resolved. Though Lamorak argued that action would open them up to multiple potential claims, the judge hearing the case disagreed and said that since they remained the statutory obligor on claims against Avondale, he would forestall the finalization of the ruling to allow the victim’s family to file an appeal in the future.
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