Insurance Company Didn't Owe Duty to Plaintiff, Appellate Court Affirms

TRENTON, N.J. -- A New Jersey appellate court has affirmed an award of summary judgment to a workers' compensation insurer, opining that although it performed dust studies at the facility, it did not owe a duty to warn an employee of potential asbestos dangers. Fackelman, et al. v. Lac d'Amiante du Quebec, LTEE and Rapid American Corp., No. A-4636-05T1 (N.J. Super. Ct., App. Div.).

In the March 3 opinion, the Appellate Division of the Superior Court of New Jersey ruled that without allegations and evidence that the insurer negligently performed the studies, a duty could not be enforced against it.