Asbestos illness is a disease and not a bodily accident injurycovered by workers' compensation policies, the United States Courtof Appeals, Fifth Circuit, has ruled.
The decision, by a three-judge panel of the New Orleans-basedcourt, upheld a lower court decision in Louisiana in the case ofGraphic Packaging International Inc. v. Employers Insurance ofWausau.
Under their ruling there is an exclusion for "bodily injury bydisease" found in workers' compensation employers liabilitypolicies issued by Employers Insurance based in Wausau, Wis.
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