Case Evaluation

The Asbestos Story: The Asbestos Story - Bad News for Asbestos Industry

Part 9: Bad News for Asbestos Industry

The Asbestos Story: America's Greatest Industrial Tragedy
A Tale of Deceit, Design & Temerity
By Christopher M. Placitella
Cohen, Placitella & Roth, P.C.

Later in that same year, however, the wheels start to come off for the industry. In September 1973, Clarence Borel's Asbestos jury verdict is upheld by a Federal Appeals Court, with a published decision, finding members of the Asbestos industry responsible. The decision sends shockwaves through industry. Internally, one insurance company reports:

Disaster has struck! The U. S. Fifth Circuit of Appeals has affirmed the trial courts' judgment in favor of Borel.
The company predicts that if the decision is not somehow reversed:

We are in a heap of trouble, boy. The Fifth Circuits' decision opinion in this Borel case will have historical implications, to say the very least.

Industry now has a choice to make. It can voluntary pay legitimate claims, or fight the claims filed by workers at every turn. Some industry executives get together in New York City and debate what to do. A meeting is held where it is decided:

The meeting closed with a unanimous rejection of a suggestion that liability in Asbestosis cases be admitted, and the carriers agreed between themselves as to their respective losses and expenses.

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