Mesothelioma Victims to Receive Compensation from Insurance Companies in Wisconsin

As recent as last week, the Wisconsin Supreme Court came to the decision that insurance companies must defend and compensate all asbestos and other environmental claims that are filed against their policyholders.
The decision evolved from a case between plastics engineering company Plenco and their insurance provider, Liberty Mutual. Plenco, who was already defending several asbestos-related lawsuits at the time the decision was made, is a small, family owned business located in Sheboygan, Wisconsin.
Plenco has been facing asbestos lawsuits for allegedly exposing their workers to products containing asbestos between 1950 and 1983. The conflict between Plenco and Liberty Mutual began when Liberty Mutual tried to change the insurance policy in order to reduce the amount of money owed to Plenco.
They even sought contribution payments from Plenco for the pro-rated costs of compensation for the years preceding Liberty Mutual’s coverage. Company documents show Plenco was insured by Liberty Mutual between 1968 and 1989, which means 18 years of asbestos exposure to workers existed before Liberty Mutual began covering the company.
However, the National Federation of Independent Business Small Business Legal Center (a national advocate for small business) spoke in the case and felt that enabling insurers to have a pro rata apportionment system would have a devastating impact on small firms. As a result, the Wisconsin Supreme Court ruled in favor of Plenco and small business.
The decision is not only good for small businesses facing asbestos claims, but also for those suffering with an asbestos-related disease. Mesothelioma victims and their families no longer have to wait in limbo, wondering how they’ll receive mesothelioma compensation for medical expenses.
According to Karen Harned, the executive director for the NFIB Small Business Legal Center, “This is a great decision for Plenco and it will protect many other small business owners in Wisconsin. The Wisconsin Supreme Court made the right decision by siding with the small business owner and requiring the insurance company to live up to its obligations. This precedent-setting case will help small business owners stay in business.”

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