Who gains from saving nature
Ledger 1 : 33 — For each dollar financing nature-based solutions in 2023, about $33 financed activities harmful to nature. (UNEP)
Cases / Insurance, liability and compensation funds · United States · 2012

Union Carbide asbestos insurance case

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: 1 none on record · 1 not measured · 1 disputed See the gaps

Argonaut Insurance and other insurers disputed cover for asbestos bodily-injury claims against Union Carbide, arguing the company expected or intended the harm. In 2012 a New York appeals court affirmed the striking of that defence.

Struck, 2012Insurer's “expected or intended” defence against Union Carbide's asbestos claims
New York Appellate Division, First Department. Amounts are not in the record.

Status As of the 2012 decision: a New York appeals court affirmed the striking of Argonaut's “expected or intended” defence; the record gives no later proceedings or amounts.

What?
An insurer's “expected or intended” defence against Union Carbide's asbestos coverage claim was struck, and the New York appeals court affirmed. New York State Unified Court System, Law Reporting Bureau
Where?
New York, United States (New York Appellate Division, First Department). New York State Unified Court System, Law Reporting Bureau
Who?
Gained
Lost
Harmed
Why?
The insurer argued the company expected or intended the injury claims; the court, as quoted, found Carbide was aware of some risk but believed its products could be used safely. New York State Unified Court System, Law Reporting Bureau
How?
The appeals court affirmed the striking of the insurer's defence. New York State Unified Court System, Law Reporting Bureau
6 of 6 questions answered from the record

What happened

The record, in order.

The record lists the case as Union Carbide asbestos v. Argonaut and others. Argonaut Insurance and other insurers disputed coverage for bodily-injury claims arising from exposure to asbestos in connection with Union Carbide. Argonaut disclaimed on the basis that Carbide “expected, or intended, bodily injury claims arising out of exposure to asbestos.”

In 2012 the New York Appellate Division, First Department, decided the dispute (2012 NY Slip Op 08409). The court affirmed the striking of Argonaut's defence. According to secondary summaries, it found that Carbide was “aware of some risk” but “believed that its asbestos products could be used safely.” The court's full text was not accessed.

The decision belongs to a group of US coverage cases in which insurers argued that the policyholder knew of or intended the harm. In the 1995 Second Circuit decision on National Gypsum asbestos claims (Stonewall Insurance v. Asbestos Claims Management Corp.), juries found National Gypsum did not subjectively expect or intend the injuries, and the known-loss defence was rejected except for claims already filed or demanded before the policy was bought.

  1. 1995Second Circuit, National Gypsum asbestos coverage case: insurers' known-loss defence rejected, except for claims already filed or demanded before the policy was bought
  2. 2012New York Appellate Division, First Department, affirms striking of Argonaut's “expected or intended” defence against Union Carbide (2012 NY Slip Op 08409)

What was said

Claims, in the words of those who made them.

“expected, or intended, bodily injury claims arising out of exposure to asbestos”

“aware of some risk”

“believed that its asbestos products could be used safely”

Where accounts differ

Each party's account, side by side, with its source. The record does not settle these points; it shows them.

Did Union Carbide expect or intend the asbestos bodily-injury claims?
Company or project
Argonaut Insurance

Disclaimed cover on the basis that Carbide “expected, or intended, bodily injury claims arising out of exposure to asbestos.”

New York State Unified Court System, Law Reporting Bureau
Courts
New York Appellate Division, First Department

Affirmed the striking of that defence; Carbide was “aware of some risk” but “believed that its asbestos products could be used safely.”

New York State Unified Court System, Law Reporting Bureau

How it looked

What was shown, beside what was recorded.

Shown

Recorded

Who gained

Money that reached nature, beside money that stayed elsewhere.

Reached nature or the ground

Not published
No figure published.

Gained elsewhere

Not totalled
Currency: · Window: . All figures cover the same period. * Estimate built from cited figures.

Responses on record

In court and with insurers

Every proceeding and every insurer decision on record.

Lawsuits and rulings

  1. 2012Claimant won
    Union Carbide asbestos v. Argonaut and others (as listed in the record)
    New York Appellate Division, First Department · Civil · Union Carbide → Argonaut Insurance and other insurers

    The court affirmed the striking of the insurer's defence that Carbide expected or intended bodily injury claims from asbestos exposure. The record does not state the amount of cover or whether other issues remained open. New York State Unified Court System, Law Reporting Bureau

Insurers

  1. 2012In litigation
    Argonaut Insurance and other insurers → Union Carbide
    Stated reason: Insurer said Carbide expected or intended the asbestos bodily-injury claims.

    Argonaut disclaimed cover; the New York Appellate Division, First Department, affirmed the striking of that defence in 2012. Whether and how much was paid is not in the record. New York State Unified Court System, Law Reporting Bureau

What nature saw

Outcomes measured on the ground, and nature's note.

Nature's report opens this page. Below: further outcomes measured on the ground.

Insurer's knowledge defence
Struck on appeal
New York Appellate Division, First Department, 2012
Cover paid
Not in the record
No amount for cover or for the underlying asbestos claims is given

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.

Accounts

  • Disputed Did Union Carbide expect or intend the asbestos bodily-injury claims?

Record

  • None on record The court's full text was not accessed; the holdings are quoted from secondary summaries.

Did the harm stop?

The record does not address whether exposure to asbestos from Union Carbide's products stopped; the ruling concerned insurance coverage only.

Who paid?

The record does not say who ultimately paid the asbestos claims; the ruling struck the insurer's defence that Carbide expected or intended the harm.

Sources

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

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