-17- 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.Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: May 25, 2011