Many of the approaches, legal arguments, and tactics developed by the plaintiff bar over many years of litigation in asbestos cases may be applied and adapted to future silica cases, according to a recent report in the CPCU Society's eJournal. The industry, therefore, must be cognizant that the speed of developments in silica cases will be faster than was the case in asbestos litigation.
"Silica litigation has all the characteristics of a true mass tort and many similarities to asbestos litigation," wrote William Brauer, claim director with GE Insurance and author of the article. "Insurance underwriters and producers in particular, and the industry in general, should be familiar with the background and drivers behind the growth in this area to effectively deal with risks presenting exposure to casualty lines of business."
Brauer focuses on the critical elements surrounding the issue, including the nature of silica injury, the people at greatest risk, litigation, and tort reform.
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