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of the asbestos-containing materials, and made routine maintenance
more expensive.
Petitioner intended to create a safer and healthier
environment for the building employees by removing the asbestos-
containing materials.5 The building indeed became safer after the
asbestos-containing materials were removed.
H. Liability Issues
By removing the asbestos-containing materials from the Douglas
Street building, petitioner also intended to avoid or minimize its
potential liability for damages from injuries to employees,
customers, and workers resulting from asbestos exposure.
Petitioner's general liability insurance policies in effect at all
relevant times contained an exclusion for damages attributable to
the discharge of pollutants. Such exclusion would include the
circulation of asbestos fibers through the Douglas Street
building's ventilation system. Some of petitioner's umbrella
insurance policies contained an additional endorsement specifically
excluding liability for damages caused by asbestos exposure.
Injuries to Douglas Street building employees arising out of,
and in the course of, their employment are not covered under
petitioner's general liability or umbrella insurance policies.
5 Before the asbestos removal and remodeling work began,
John Cochran, president of Norwest Nebraska, wrote a memorandum
dated Oct. 28, 1987, to the Douglas Street building employees,
assuring them that Norwest Nebraska wanted their work environment
to be safe.
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