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Nonproducts coverage

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Overview

Many asbestos defendants have exhausted their products-based insurance coverage and are turning to operations-based “nonproducts” coverage for additional recoveries. We use fact-based, scientific methods to quantify the number of claimants potentially exposed to a given company’s operations. We combine our knowledge of asbestos liabilities and insurance coverage with complex data from sources such as the US Census Bureau and Bureau of Labor Statistics to explain what portion of a company’s liability is attributable to its operations. We perform multiple evaluations to determine the range of potential outcomes and apply different techniques to validate our results.

Selected Work

  • Submitted affirmative and rebuttal expert reports and provided deposition testimony on behalf of a joint insurer defense group, quantifying the fraction of liability from a national insulation contracting company’s claimants with operations-based exposure.
  • Retained as testifying expert on several nonproducts coverage cases involving regional insulation contractors, including many of the Johns Manville affiliates and spanning entities focused on commercial, shipyard, and industrial settings.
  • Assessed potential nonproducts liability and provided expert opinions regarding boiler makers, refractory companies, and general construction firms.
  • Retained by both insurers and insureds to support insurance buy-back negotiations.
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