Legislation passed yesterday by the Senate to ban the importing of asbestos is unlikely to have a major impact on litigation surrounding the issue, according to an official with the Property and Casualty insurers Association of America (PCI).

David Golden, director of commercial lines for the PCI, said the bill, known as S. 742 or the Ban Asbestos in America Act would “probably not have a large effect on the types of litigation we've seen regarding asbestos.”

The reason, he said is essentially a matter of numbers. The amount of asbestos being imported, through items such as brake pads, makes up a “relatively small amount” when compared to the heyday of asbestos usage that has led to decades of litigation and numerous bankruptcies over health injury claims.

Supporters of the bill in the Senate, however, hailed the passage of the bill as a victory, noting that according to the Commerce Department, the U.S. imports more than $100 million in brake parts per year and that some of those imports are from countries in which asbestos is poorly regulated.

“This is a historic day in the fight to protect Americans,” said Sen. Patty Murray, D-Wash. “Workers and their families deserve a future free of deadly asbestos exposure, and I'm not stopping until this bill is signed into law.”

The legislation's supporters noted government estimates as many as 10,000 people in the United States die annually from mesothelioma or other asbestos-related diseases, with about one-third of mesothelioma victims having been exposed to the material while serving in the Navy or at shipyards.

Sen. Johnny Isakson, R-Ga., acknowledged the relatively limited scope of ongoing asbestos exposure that continues today. “For the few areas where asbestos is still used in the United States,” he said, “this bill provides a reasonable transition so that Americans can rid themselves of asbestos once and for all.”

Sen. Murray noted that she has been working towards a ban for several years. She introduced S. 742 in March. Sen. Isakson called the bill the “culmination of months of bipartisan work to find common ground on this important issue,” adding that he was pleased by the bill's rapid pace through the Senate.

The bill would ban asbestos, invest in research and treatment, and launch a public education campaign. “This bill will take asbestos off the shelves,” said Sen. Barbara boxer, D-Calif., another supporter, “and will also ensure we continue to study and treat the health effects asbestos has already caused.”

In the House, Rep. Betty McCollum, D-Minn. has introduced legislation known as the Bruce Vento Ban Asbestos and Prevent Mesothelioma Act of 2007 or H.R. 3339, to ban asbestos in the United States and expand prevention, research, and treatment for asbestos-related diseases, including mesothelioma. The bill is named for former Congressman Bruce Vento, a Democrat from Minnesota who died from mesothelioma in 2000.

“It's long past time that our country banned asbestos,” Rep. McCollum said. “After decades of widespread and unknowing exposure to this deadly substance, Americans should be able to rest assured that they are no longer at risk of having their lives cut short by asbestos exposure.”

As the Senate was passing the legislation, the International Symposium on Malignant Mesothelioma, sponsored by the Mesothelioma Applied Research Foundation, was also taking place in Washington.

“Today marks the first time this constituency is on the steps of Capitol Hill as an entire community,” said Chris Hahn, executive director of the foundation. “We believe the human tragedy of mesothelioma must be addressed urgently.”

The association praised passage of the Senate bill and said that House action to pass its version is “imminent.”

Special Reports /

Asbestos Ban Bill Would Have Little Insurer Impact

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