Union Carbide asbestos insurance case
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.
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.
- Union Carbide — The insurer's defence was struck, leaving its coverage claim standing. New York State Unified Court System, Law Reporting Bureau
- Argonaut Insurance — Its defence that Carbide expected or intended the harm was struck. New York State Unified Court System, Law Reporting Bureau
- People with asbestos bodily-injury claims — The claims at the centre of the coverage dispute arose from exposure to asbestos. New York State Unified Court System, Law Reporting Bureau
What happened
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.
- 1995Second Circuit, National Gypsum asbestos coverage case: insurers' known-loss defence rejected, except for claims already filed or demanded before the policy was bought
- 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
“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.
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 BureauAffirmed 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 BureauHow it looked
Shown
- Insurer's position: the company expected or intended the asbestos injury claims.Argonaut Insurance · New York State Unified Court System, Law Reporting Bureau
Recorded
- The court affirmed the striking of Argonaut's “expected or intended” defence (New York Appellate Division, First Department, 2012).
- In the court's description, Carbide was “aware of some risk” but “believed that its asbestos products could be used safely.”
Who gained
Reached nature or the ground
Gained elsewhere
Responses on record
- Argonaut Insurance (Before the 2012 decision): Disclaimed 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
- Union Carbide (2012): As characterised by the court, believed that its asbestos products could be used safely. · New York State Unified Court System, Law Reporting Bureau
In court and with insurers
Lawsuits and rulings
- 2012Claimant wonUnion 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
- 2012In litigationArgonaut Insurance and other insurers → Union CarbideStated 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
Nature's report opens this page. Below: further outcomes measured on the ground.
What we don't know
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
Courts
- Union Carbide asbestos insurance coverage decision, 2012 NY Slip Op 08409, New York Appellate Division, First Department (court; holding via secondary summaries)New York State Unified Court System, Law Reporting Bureau · 2012
Connected cases
- India's top court refuses more Bhopal compensation from Union Carbide successors India · 1989–2025 Related matter
- Union Carbide (Company) — here: Policyholder facing asbestos bodily-injury claims; there: company that paid the 1989 settlement; subject of the 2023 petition
- Indian government paid Rs 126 crore to incinerate Union Carbide Bhopal waste India · 2025
- Union Carbide (Company) — here: Policyholder facing asbestos bodily-injury claims; there: Origin of the waste (Bhopal plant)
- Love Canal (New York) United States · 1980–1995
- Argonaut Insurance (Insurer) — here: Insurer that disclaimed cover; there: Insurer; plaintiff in coverage action
- Love Canal: appeals court upholds insurer's pollution exclusion in plumber case United States · 1980–2017
- Argonaut Insurance (Insurer) — here: Insurer that disclaimed cover; there: claimant insurer in 1980 action
- Supreme Court dismisses Centre's bid for more Bhopal compensation from Union Carbide India · 1989–2025
- Union Carbide (Company) — here: Policyholder facing asbestos bodily-injury claims; there: Company whose 1989 settlement is the subject; defendant in the curative petition