Court Says Asbestos Plaintiffs Can't Directly Sue Insurers for Negligence, Conspiracy

CLEVELAND - Insurance companies cannot be directly sued for engaging in activities that allegedly led to a plaintiff's asbestos-related diseases because there exists no special relationship between insurer and plaintiff that would satisfy the duty element of an underlying negligence action, an Ohio court has ruled. Adkins v. Goodyear Tire & Rubber Co., et al., No. 502612 (Ohio Comm. Pls., Cuyahoga Cty.).

In a decision dismissing with prejudice the negligence and conspiracy claims of several asbestos plaintiffs against nearly 50 insurers, the Cuyahoga County Court of Common Pleas held that because the insurers owed no duty to the injured plaintiffs, …