Vaughan vs. Carolina Industrial Insulation

This asbestosis case involved a South Carolina resident working for a South Carolina company but who was last exposed to asbestos in North Carolina.

The insurance company claimed that they lost the policy and thus the plaintiff couldn’t prove that the insurance covered him while he was working in North Carolina.

The North Carolina Court of Appeals held that plaintiff had proven that there was insurance coverage.

The Court found that if the employer wanted to prove that there was an exclusion in the policy that restricted coverage only for South Carolina injuries, the burden was on the employer to prove that.

Since the employer lost the policy, the employer had no proof. The claim was held compensable.

The case is cited as Vaughan v. Carolina Indus. Insulation, 2007 WL 1245880 (N.C. App. 2007).

If you believe that you may have an asbestos or workers’ compensation case, please call us at 1-800-849-5291 or use this convenient form.