Indiana Appeals Court Again Interprets Statute of Repose Exception, Reverses Summary Judgment

INDIANAPOLIS - Again, an Indiana Court of Appeals has ruled that an exception to the state's 10-year statute of repose does not operate to bar an asbestos loss of consortium and wrongful death claim filed by a woman whose husband died of asbestos-related lung cancer. Fulk v. Allied Signal, Inc., et al., No. 45A04-0001-CV-8 (Ind. App. Ct., 4th Dist.).

As it ruled several months ago in Black v. AC&S, the court said that the exception to the statute applies to claims against miners of commercial asbestos and against sellers of commercial asbestos, even if those sellers do not also mine …