Appeals Court: Exception to Indiana Statute Applies Individually to Asbestos Sellers, Miners

INDIANAPOLIS - The exception to Indiana's statute of repose for product liability claims applies not only to claims filed against miners of commercial asbestos, but also to those filed against sellers of asbestos, even if they didn't also mine the product, the Indiana Court of Appeals has ruled. Black v. ACandS Inc., et al., No. 45A04-9912-CV-565 (Ind. App., 4th Div.).

The July 23 ruling clarifies what the appeals court majority identified as an ambiguity in Indiana Code Section 34-20-3-1, the statute that excepts certain asbestos-related actions from the state's 10-year statute of repose.

According to defendants, the exception applies only …