New York Court Vacates Judgment Against Certain Underwriters at Lloyd’s, London, in Asbestos Case

ROCHESTER, N.Y. –– A New York appellate court has vacated a judgment entered against an insurance company in an asbestos personal injury case, finding that summary judgment on the issue of damages was improperly entered by the trial court.

In a March 15 memorandum and order, the New York Supreme Court, Appellate Division, Fourth Judicial Department, concluded that the parties had submitted conflicting expert opinions as to when “injury” occurs in an asbestos case.

The plaintiffs asserted the claims on behalf of Wayne W. Meissner, contending that the decedent was exposed to asbestos fibers and, subsequently, developed mesothelioma. The …