In a recent court filing, Jeanne Marie Ehlers and Lisa Gethers Armour have lodged an asbestos exposure complaint against Ports America Gulfport, Inc., among other defendants. The complaint was filed on behalf of the decedent, Frederick Louis Gethers, in the Civil District Court for Orleans Parish under case number 2021-02151. The case has been reviewed by Judge Paulette R. Irons and Judge Karen K. Herman, with a judgment rendered on May 16, 2024.
The plaintiffs allege that Frederick Gethers was exposed to asbestos while working at the Port of New Orleans from 1947 to 1979. Diagnosed with mesothelioma in January 2021, Mr. Gethers passed away shortly thereafter. The plaintiffs assert that SSA Gulf employed Mr. Gethers during two periods: from 1957 to 1969 and from 1972 to 1978. According to the plaintiffs, SSA Gulf had workers' compensation and employer's liability insurance through American Mutual Liability Insurance Company (AMLICO) from 1958 to 1970 and Employers National Insurance Company (ENIC) from 1970 to 1987.
After AMLICO and ENIC became insolvent, the Louisiana Insurance Guaranty Association (LIGA) assumed statutory obligations pursuant to La. R.S. 22:2051 et seq. In March 2021, LIGA agreed to defend SSA Gulf under a reservation of rights but later asserted that AMLICO and ENIC policies contained an exclusion requiring occupational cancer claims to be filed within thirty-six months of policy expiration—a condition not met by Mr. Gethers' claim.
LIGA filed for summary judgment in January 2022, arguing that they had no coverage obligation due to this exclusion. However, they were unable to produce the actual policies issued to SSA Gulf containing this exclusion and instead relied on circumstantial evidence such as a National Council on Compensation Insurance (NCCI) Standard Form Policy issued to an unrelated insured.
SSA Gulf opposed LIGA’s motion for summary judgment, contending that LIGA failed to prove the existence of such exclusions in their policies during the relevant period. On March 15, 2022, the trial court denied LIGA’s motion for summary judgment due to genuine issues of material fact regarding whether these exclusions existed in the policies issued by AMLICO or ENIC.
In April 2022, SSA Gulf filed a reconventional demand against LIGA seeking indemnification for settlements paid out due to these claims or alternatively sought judgment as assignee of plaintiffs’ claims against LIGA.
By May 17, 2023, SSA Gulf moved for summary judgment again on similar grounds previously raised by LIGA but emphasized that LIGA could not produce conclusive evidence proving these exclusions were part of their policies. The trial court granted SSA Gulf’s motion for summary judgment while denying LIGA’s exception of lack of subject matter jurisdiction.
The plaintiffs are seeking various forms of relief including indemnification from LIGA up to its statutory limits and reimbursement for settlement funds paid out due to asbestos-related tort claims against SSA Gulf.
Representing the defendant/appellee SSA Gulf is Edwin A. Ellinghausen III and Erin H. Boyd from Blue Williams LLC along with Richard P. Salloum from Franke & Salloum PLLC who appeared pro hac vice. Representing defendant/appellant Louisiana Insurance Guaranty Association are E. Scott Hackenberg and John L Henchy from Henchy Verbois & Hackenberg LLC.