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Cases / Insurance, liability and compensation funds · United States · 2024

Courts weigh insurance coverage for asbestos and PFAS liabilities in US cases

Short record: the main facts, with sources. A full case file has not been prepared.

Nature's voice · report
No measurement of the harm done to me here is on record.
Did nature suffer? Not measured.
What the record lacks: 3 none on record · 1 insufficient · 1 not measured See the gaps

In a 1995 Second Circuit case, juries found National Gypsum did not expect or intend its asbestos injuries, and the known-loss defence was rejected except for claims filed before the policy was bought. In 2021 a federal court held that Wolverine World Wide's legacy insurers had a duty to defend it over PFAS discharges from its Rockford, Michigan tannery.

What?
Insurers disputed coverage for National Gypsum asbestos claims and for PFAS discharges linked to Scotchgard at Wolverine World Wide's Rockford, Michigan tannery.
Where?
Rockford, Michigan (Wolverine); US courts for both matters
When?
Stonewall decision in 1995; Wolverine suit filed December 2018; ruling in 2021; settlements in June and August 2024
Who?
Gained
  • Wolverine World Wide — Duty-to-defend ruling in 2021; $8.3 million recovered from legacy policies in fiscal 2020 SEC EDGAR
Lost
  • Legacy insurers (American Insurance Co., Travelers units and others) — Held to have a duty to defend in 2021; confidential settlements with one insurer in June 2024 and with Travelers in August 2024
Harmed
  • National Gypsum asbestos claimants — The asbestos injuries underlying the claims
Why?
Not stated in the sources reviewed.
How?
Insurers relied on the known-loss, expected-or-intended and pollution-exclusion grounds; the courts examined whether the injuries were expected and whether the discharges were sudden or accidental.
6 of 6 questions answered from the record

What happened

The record, in order.

In Stonewall Insurance v. Asbestos Claims Management Corp., decided by the Second Circuit in 1995, juries found that National Gypsum did not subjectively expect or intend the asbestos injuries.

The known-loss defence was rejected except for claims already filed or demanded before the policy was bought.

In December 2018 Wolverine World Wide sued its legacy insurers, including American Insurance Co. and Travelers units, over PFAS discharges from its Rockford, Michigan tannery.

In 2021 the Western District of Michigan held that the insurers had a duty to defend, because the allegations left open whether the discharges were sudden or accidental.

    In court and with insurers

    Every proceeding and every insurer decision on record.

    Lawsuits and rulings

    1. 1995Defendant won
      Stonewall Ins. v. Asbestos Claims Mgmt. Corp.
      United States Court of Appeals, Second Circuit · Civil · Stonewall Insurance → Asbestos Claims Management Corp.

      Juries found National Gypsum did not expect or intend the asbestos injuries; the known-loss defence was rejected except for claims filed or demanded before the policy was bought.

    2. 2018-12–2021Settled
      Wolverine World Wide legacy insurance suit (filed December 2018)
      United States District Court, Western District of Michigan · Civil · Wolverine World Wide → American Insurance Co., Travelers units and others

      The court held the insurers had a duty to defend; confidential settlements followed in June 2024 (one insurer) and August 2024 (Travelers).

    Insurers

    No insurer decision on record.

    What we don't know

    Undisclosed, unproven, untried: recorded as data.

    Nature

    • Not measured Harm to nature: The record holds no measurement of harm to nature.

    Record

    • Insufficient Reported but not verified: a $69.5 million figure appears in some sources and is described as Wolverine's own 2020 settlement with the state and townships, not an insurer payment.
    • None on record The identity of the insurer in the June 2024 settlement is not stated.
    • None on record The full text of the 2021 ruling was not reviewed.
    • None on record The party roles in the 1995 Stonewall case are taken from the case name; the full caption was not reviewed.

    Did the harm stop?

    Not stated in the sources reviewed.

    Who paid?

    Not stated in the sources reviewed.

    Sources

    Voices on record: ✓ Company or project— Government and regulators— Courts— Press and investigations— Communities and civil society— Researchers

    Connected cases

    Related matters, and cases linked to this one through the same organisations, with the role each played in both.
    • Wolverine World Wide PFAS, Rockford (Michigan) United States · 2018–2024

    Science and environment

    PFOA (C8) and PFAS
    PFAS are a large family of human-made chemicals that persist in the environment and the body; PFOA, also called C8, is one of them and was used to make Teflon.

    Institutions

    SEC
    The US Securities and Exchange Commission, which regulates securities markets and what companies tell investors.