Asbestos & Mesothelioma Law Blog
For purposes of this article, the deceased mesothelioma victim in this case will be referred to as R.L.S. or Mr. S and the widow as Mrs. S.
In a recent court decision, the Pennsylvania Superior Court ruled in favor of a widow pursuing a wrong death claim after losing her husband to mesothelioma. R.L.S. was diagnosed with malignant mesothelioma after suffering asbestos exposure while working with Penelec for over 20 years. Before his death, Mr. S and his wife filed a lawsuit against Penelec. After Mr. S died, his wife amended the complaint to include a wrongful death claim. Though Penelec’s insurance company contested its obligation to defend the employer against the claims, the Pennsylvania Superior Court ruled in favor of the widow and allowed the case to continue. This case highlights the complex way that insurance companies handle mesothelioma claims against victims’ employers.
After Mr. S’s diagnosis, he and his wife filed a lawsuit against Penelec for Mr. S’s occupational exposure. They alleged negligence, strict liability, breach of warranty, and failure to monitor medical risks. The lawsuit also included a claim for loss of consortium for Mrs. S. Sadly, R.L.S. passed away before his claim was resolved. After his death, his wife amended the complaint to include a wrongful death claim. The claim seeks damages for herself and her children. Penelec’s insurer, Continental Insurance Company, initially defended the employer but later withdrew, arguing that it was legally excluded from the lawsuit. Basically, what this means is that the policy did not cover such claims. According to the insurance company, Mr. S’s claims fell outside the scope of its liability. The insurance company cited the state’s workers’ compensation laws as grounds for exclusion.
Penelec counterclaimed, arguing that Continental Insurance Company was obligated to defend it against the widow’s wrongful death claim. The case progressed through court, with a trial court finding that while Mr. S’s claims were barred by the state’s workers’ compensation laws, the same did not apply to Mrs. S’s wrongful death claim. Upon appeal, the Pennsylvania Superior Court agreed that while Mr. S’s coverage was barred, Mrs. S’s was not. The state’s Superior Court rejected the employer’s insurer’s argument that the widow’s claims were entirely based on the harm that befell her husband. The court emphasized that Mrs. S’s claims involved her injuries, separate from those her husband sustained. Since Mrs. S claimed that Mr. S’s employer knew or should have known of the danger asbestos in her husband’s workplace posed to her, it didn’t absolve the insurance company of the obligation to defend the employer and potentially compensate Mrs. S for her injuries.
The Superior Court’s decision paves the way for Mrs. S to continue pursuing justice for herself and her children. It offers hope for accountability and that the family will recover the compensation they deserve.
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