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FACKELMAN v. LAC d'AMIANTE du QUEBEC

942 A.2d 127 (2008)

398 N.J. Super. 474

Daniel FACKELMAN and Barbara Fackelman, h/w, Plaintiffs-Appellants, v. LAC d'AMIANTE du QUEBEC, LTEE and Rapid American Corporation, Defendants, and The St. Paul Travelers Companies, Inc., Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided March 3, 2008.

Attorney(s) appearing for the Case

Hal Pitkow argued the cause for appellants.

Francis X. Manning, Cherry Hill, argued the cause for respondent (Stradley Ronon Stevens & Young, LLP, attorneys; Samuel J. Arena, Jr., of counsel; Mr. Manning and Sean R. Adam, of counsel and on the brief).

Before Judges CUFF, LIHOTZ and SIMONELLI.

The opinion of the court was delivered by

CUFF, P.J.A.D.

This appeal concerns whether the workers' compensation insurer which performed industrial hygiene studies for plaintiff's1 employer at plaintiff's place of employment had a duty to educate and warn employees of any danger. We hold that the insurer did not have such duty and affirm.

Plaintiff commenced this action against Lac d'Amiante du Quebec, Ltee (Lac d'Amiante...

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