A Travelers unit, Phoenix Insurance, has been compelled to provide a defense for a mining and mineral production company, Cimbar Performance Minerals, against allegations that its supplied talc containing asbestos led to a man’s mesothelioma, according to a declaratory action filed in a Georgia federal court.
Background of the Mesothelioma Claim
The lawsuit, brought by Georgia-based United Minerals & Properties Inc., doing business as Cimbar Performance Minerals, contends that Bryce Zundel’s claims, which originated from medical procedures involving talc supplied by Cimbar, extend beyond the scope of asbestos exclusions in their insurance policies with Phoenix Insurance.
Zundel filed a lawsuit in Massachusetts state court, alleging that talc provided by Cimbar for two medical procedures in Utah led to his diagnosis of malignant pleural mesothelioma in September 2021. Despite Phoenix Insurance’s denial of coverage based on asbestos exclusions in their policies, Cimbar asserts that its talc product has been confirmed to be asbestos-free by independent laboratory testing.
Cimbar’s Argument Against the Asbestos Exclusion
While Zundel’s lawsuit references “asbestos” broadly, including non-regulated and non-commercial forms, Cimbar argues that the alleged materials causing his injuries fall outside the scope of the asbestos exclusions in their insurance policies.
The legal action underscores the dispute between Cimbar and Phoenix Insurance over coverage for Zundel’s claims and raises questions about the interpretation of asbestos exclusions in insurance policies.
