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Insurer Does Not Have Duty to Warn Employee of Asbestos Hazards


by Maria L. Draucikas View Biography
Clausen Miller PC View Firm Credentials
Parsippany Office

June 16, 2008

Previously published on May 2008

In Fackelman v. Lac d'Amiante du Que., LTEE, et al., 2008 N.J. Super. LEXIS 47 (App. Div. 2008), the New Jersey Appellate Division held that Defendant/Workers' Compensation Insurer, which conducted health and safety studies for the Insured/Employer, did not have a duty to warn and educate the Insured's employees of the dangers of asbestos, because there was no evidence that the Insurer negligently performed the studies nor that the Insurer assumed a duty to supervise workplace safety.


 

The views expressed in this article are solely the views of the author and not Martindale-Hubbell. This article is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance.




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