A Maryland plaintiff who won a nearly $2.7 million judgment from a builder in an asbestos cancer lawsuitsays that the builder’s insurance company should pay the award.

The plaintiff, Patrick R., argues that Zurich American Insurance Co. should be required to pay the judgment because the policy’s terms require it. A trial court had originally required that Zurich cover only a portion of the judgment against the builder, Lloyd E. Mitchell, which has not done business since 1976.

Patrick’s position is that under a $3 million liability policy its predecessor issued Mitchell in 1974, Zurich is responsible for covering the entire award. This is known as the “all sums” or “joint and several method,” through which an applicable policy can be used to cover the entire loss associated with a claim. However, the trial court had used a different method, known as “pro rata,” which divides liability for the loss among any and all insurance policies that are triggered. Because there were four separate policies covering Mitchell between 1974 and 1977, the lower court ruled that Zurich was only required to cover a third of the judgment.

Because Mitchell did not buy further liability insurance after it stopped doing business in 1977, the remaining portion of the judgment—about $1.8 million—would be left to Mitchell to pay.

Patrick’s attorney argued that this form of allocation makes no sense, because “those damages are indivisible,” he said. “They do not pertain to any particular point in time during those four decades when he went from inhaling asbestos, to the disease progressing in his body, to about 2013 when a cancer manifested itself.”

Patrick alleged that Mitchell exposed him to asbestos decades ago, leading to his developing mesothelioma in 2013. He won his case against Mitchell in 2016 after a jury determined that Mitchell had indeed exposed Patrick to the asbestos that caused the mesothelioma, and awarded him nearly $2.7 million.

Basics of Asbestos Cancer

Asbestos is a mineral that has been classified as a known carcinogen—that is, a substance capable of causing cancer. WebMD explains that asbestos fibers can build up in your lungs, eventually leading to lung cancer or mesothelioma.

Mesothelioma is a potentially fatal form of cancer and can take up to 20 years after asbestos exposure for symptoms of the disease to emerge. The average life expectancy for mesothelioma patients is 12 to 21 months. according to asbestos.com.

Filing an Asbestos Mesothelioma Lawsuit

A growing number of people are turning to litigation after diagnosis with asbestos cancer. If you or someone you love has been diagnosed with asbestos mesothelioma, you may be able to file litigation and pursue compensation. Of course, filing a lawsuit cannot take away the pain and suffering caused by a cancer diagnosis, nor can it bring a loved one back to life, but it can at least help to alleviate the financial burden incurred by medical expenses, lost wages, and more.

Filing a lawsuit can be a daunting prospect, especially while dealing with a cancer diagnosis, so Top Class Actions has laid the groundwork by connecting you with an experienced attorney. Consulting an attorney can help you determine if you have a claim, navigate the complexities of litigation, and maximize your potential compensation.