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Gabrielson is being provided not to prove that a specific plaintiff was exposed to asbestos-containing products distributed by Brauer Supply, but rather to rebut Offenders' contention that exposure to asbestos does not "trigger" their policies and that the Trust is seeking protection for bodily injury that took place outside the relevant policy durations.

Gabrielson's report develops that direct exposure to asbestos fibers triggers injury to the lungs continuously from inhalation through symptom of the illness. Specialist statement developing and describing the progression of asbestos-related illness is routinely accepted. See e. g., Breedlove v. CSX Transp., Inc. (In re Asbestos Prods. Liab. Litig.), 2011 WL 499993 (E.D.

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Feb. 10, 2011); Giordano v. A.C. & S Inc., 666 A. 2d 710 (Pa. Sup. Ct.  Also Found Here ). Further, Dr. Gabrielson's opinions have been admitted in cases involving the long-lasting effects of exposure to asbestos. See Nat'l Union Fire Ins. Co. Of Pittsburgh, Pa. v. Porter Hayden Co., 331 B.R. 652 (D.

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2005); John Crane, Inc. v. Puller, 899 A. 2d 879 (Md. Ct. Spec. App. 2006). The Court discovers, upon evaluation of the record, that Dr. Gabrielson appears to have actually not done anything more than provide an expert opinion regarding the development of asbestos-related illness; he draws no conclusion concerning the proper trigger of insurance coverage herein.

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Gabrielson's statement might be of help to the jury in comprehending the evidence in this case. For these reasons, Accuseds' Motion to Strike and Leave out the statement and opinion of Dr. Gabrielson should be rejected. Mr. Posner, an insurance coverage and threat management expert, has actually been kept to provide a viewpoint based on the customs, practices and/or standards of the insurance market on lost policy disagreements in between Brauer Supply and Continental Casualty Company ("CNA"), National Union Fire Insurance Provider ("National Union"), and Pennsylvania General Insurance provider, f/k/a General Mishap Insurer ("General Mishap").

Posner has actually likewise been asked to perform an allowance of Brauer Supply's pre-bankruptcy liability of $10. 8 million over the Brauer protection block for the duration April 1, 1974-September 1, 1991. Defendants' Motion is directed to Mr. Posner's opinion and conclusion concerning allotment on the grounds that his opinion is based on unsupported legal conclusions and is not demonstrably or sufficiently tied to the actual facts in this case.