This Includes

    Car Accidents

    Slip and Fall

    Workplace Accidents

    Medical Malpractice + Birth Injuries

    Pedestrian Accidents

    Premises Liability

    Nursing Home Abuse

    Wrongful Death

This Includes

    Permanent disability

    Loss of sight or hearing

    Repetitive strain

    Fractures

    Burns

    Electrocution

    Harmful substance exposure

    Lacerations

    Death benefits

This Includes

    Asbestosis

    Laryngeal Cancer

    Lung Cancer

    Mesothelioma

    Ovarian Cancer

    Autoimmune Diseases

    COPD

    Pleural Effusions

This Includes

    Insurance coverage denials

    Claim denials based on false standards and procedures

    Wrongful leveraging of insured’s vulnerability

This Includes

    Defective or Dangerous Products

    Securities Fraud

    Antitrust Violations

    Wage or Benefit Violations

    Employer Discrimination

    Environmental Contamination

    Toxic Tort

    Data Breaches and Privacy Violations

    Civil Rights Violations

This Includes

    Design defects

    Manufacturing defects

    Failure to warn

    Hidden defects

    Choking hazards

    Strangulation risks

This Includes

    Property Contamination

    Pollution

    Hazards and Toxic Exposure

    Protection of Natural Resources

    Zoning and Subdivision Disputes

    Renewable Energy Permitting

    Resource Exploitation

    Environmental Preservation

Maryland Casualty

October 6, 2020

 

Montana Supreme Court’s Opinion on the Duty of MCC

In 2020, the Montana Supreme Court reached a decision regarding the duty owed to   former W.R. Grace Workers by Maryland Casualty (MCC). MCC served as the worker’s compensation insurer for Grace in the 1960s and also offered industrial hygiene consultation for Grace. The issues before the MTSC in MCC’s writ of supervisory control were whether an actor who knew others were continuously being injured, owed a duty to warn because of the actor’s own affirmative and comprehensive undertakings to address and warn of that very hazard. 

 In a set of majority and unanimous rulings, McGarvey Law prevailed in our  advocacy, and the jury will be instructed that MCC owed a duty to warn workers of the presence and hazards of their work. 

The majority opinion of Justice Gustafson recites in detail, the facts supporting this conclusion (in ¶80):  

“MCC was not merely negligent in its failure to act; rather, in strategically recognizing the latency period for asbestosis to develop, MCC engaged in affirmative actions to conceal the asbestos exposure risk and worker injuries to avoid liability, effectively increasing the risk of additional harm to Mill workers from further asbestos exposure.”

The order from the Supreme Court is provided in the link below.