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Cases / Insurance declined or withdrawn · United States · 2020–2023

W.R. Grace, Libby asbestos and Maryland Casualty

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: 2 none on record · 1 not measured · 1 unclear See the gaps

In Libby, Montana, a jury in 2022 awarded USD 36.5 million against Maryland Casualty, W.R. Grace's workers' compensation insurer and safety adviser, in a bellwether asbestos trial. The judge found the insurer knew of the risk and urged Grace to conceal reports.

USD 36.5 millionJury award against the insurer (Feb 2022)
USD 6.5 million compensatory and USD 30 million punitive; reported as upheld in January 2023.

Status As of the latest research: the 2022 verdict of USD 36.5 million was reported upheld in January 2023; hundreds of claims pending; no appeal outcome found for 2024–2025.

What?
A jury awarded USD 36.5 million against Maryland Casualty, W.R. Grace's workers' compensation insurer and safety adviser, after the Montana Supreme Court held that the insurer had a duty to warn workers. Daily Montanan
Where?
Libby, Montana (Cascade County jury; Montana Supreme Court). Daily Montanan
When?
Supreme Court ruling 25 March 2020; verdict February 2022; reported upheld January 2023. Daily Montanan
Who?
Gained
None on record
Lost
  • Maryland Casualty (now part of Zurich) — Ordered by a jury to pay USD 36.5 million; verdict reported upheld in January 2023. Daily Montanan
Harmed
  • Libby workers — The court held the insurer had a duty to warn them; hundreds of further claims were pending. The Western News
Why?
The judge found the insurer knew of the risk and actively urged W.R. Grace to conceal reports. Daily Montanan
How?
Through the insurer's role as workers' compensation insurer and safety adviser, with concealment of risk reports according to the judge's finding. Daily Montanan
6 of 6 questions answered from the record

What happened

The record, in order.

The matter concerns W.R. Grace's vermiculite and asbestos at Libby, Montana. Maryland Casualty, now part of Zurich, was Grace's workers' compensation insurer and safety adviser.

On 25 March 2020 the Montana Supreme Court, in Maryland Cas. Co. v. Asbestos Claims Court (2020 MT 70), held that the insurer had an independent duty to warn workers.

In February 2022 a Cascade County jury in a bellwether trial awarded USD 36.5 million against the insurer: USD 6.5 million compensatory and USD 30 million punitive damages. The verdict was reported as upheld in January 2023.

The judge found that the insurer knew of the risk and actively urged W.R. Grace to conceal reports of it, as reported by the Daily Montanan and by the law firm Goldberg Segalla. Hundreds of further claims were pending; the research found no appeal outcome for 2024–2025.

  1. 202025 March: Montana Supreme Court holds the insurer had an independent duty to warn workers
  2. 2022February: Cascade County jury awards USD 36.5 million (USD 30 million punitive) in a bellwether trial
  3. 2023January: the verdict is reported upheld

What was said

Claims, in the words of those who made them.

“knew of and actively urged W.R. Grace to conceal”

The judge, as reported by the Daily Montanan and Goldberg Segalla (finding on the insurer and reports of the risk) · date not on record · Daily Montanan

How it looked

What was shown, beside what was recorded.

Shown

    Recorded

    • The Montana Supreme Court held on 25 March 2020 that the insurer had an independent duty to warn workers.
    • A Cascade County jury awarded USD 36.5 million in February 2022: USD 6.5 million compensatory and USD 30 million punitive.
    • The verdict was reported as upheld in January 2023.
    • Hundreds of further claims were pending; no appeal outcome was found for 2024–2025.

    In court and with insurers

    Every proceeding and every insurer decision on record.

    Lawsuits and rulings

    1. 2020-03-25Claimant won
      Maryland Cas. Co. v. Asbestos Claims Court, 2020 MT 70
      Montana Supreme Court · Civil · Libby asbestos claimants (parties not detailed in the sources reviewed) → Maryland Casualty

      The court held that the insurer had an independent duty to warn workers. The Western News

    2. 2022-02Claimant won$36500bn USD 6.5 million compensatory + USD 30 million punitive
      Bellwether asbestos trial against Maryland Casualty
      Cascade County jury trial, Montana · Civil · A bellwether claimant → Maryland Casualty (now part of Zurich)

      The jury awarded USD 36.5 million. The judge found that the insurer knew of and actively urged W.R. Grace to conceal reports of the risk. The verdict was reported as upheld in January 2023; hundreds of further claims were pending, and no appeal outcome was found for 2024–2025. Daily Montanan

    Insurers

    1. 2022In litigation
      Maryland Casualty (now part of Zurich) → W.R. Grace

      The insurer, Grace's workers' compensation insurer and safety adviser, was itself the defendant: the jury awarded USD 36.5 million against it and the judge found it knew of the risk and urged concealment. Daily Montanan

    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

    • None on record Appeal outcome: the research found none for 2024–2025.
    • None on record Earnings from the activity: none of the coverage sources documented revenue or profit.
    • Unclear Number of the further claims pending: given only as hundreds.

    Did the harm stop?

    not on record.

    Who paid?

    not on record: the USD 36.5 million award was against the insurer, and hundreds of further claims were pending.

    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.

    Law and courts

    Arbitration
    A private dispute process in which an appointed arbitrator, instead of a court, decides the case.
    Punitive damages
    Money a court orders a defendant to pay to punish especially reckless conduct, on top of compensation for losses. Mainly used in US courts.