Louisiana Courts Side with Landry & Swarr in Landmark Asbestos Coverage Case
In a major victory for asbestos victims and their families across Louisiana, the state’s Fourth Circuit Court of Appeal has ruled that long-delayed asbestos-related diseases like mesothelioma can still be covered by insurance — even when insurers try to deny those claims as “too late.” And the Louisiana Supreme Court rejected insurers’ requests to alter the Fourth Circuit’s ruling.
This case, May v. Cooper/T. Smith Stevedoring Co. (June 11, 2025), represents a turning point in the fight to hold insurers accountable. For decades, insurance companies have relied on a “36-month exclusion” buried in policy language to argue that claims were time-barred. But diseases like mesothelioma often take 20–50 years to appear after exposure, making such exclusions unfair and devastating to families seeking justice.
Click here to read the full article from the Louisiana Bar Journal
Landry & Swarr’s Role
Landry & Swarr represented the family of a former New Orleans stevedore who developed mesothelioma decades after working around asbestos at the Port of New Orleans. Insurers attempted to deny coverage, claiming the policy form — known as Workers’ Compensation/Employer’s Liability — blocked recovery because more than 36 months had passed since the end of the coverage period.
Our attorneys challenged that argument head-on. After two rounds of intense hearings, first before a panel of three judges and then before a panel of five, the Court ruled in favor of our client. The Fourth Circuit found that the insurers’ policy language was ambiguous and must be interpreted in favor of coverage.
Why This Matters for Louisiana Families
This decision does more than bring justice to one family. It establishes that Louisiana workers and their families harmed by long-latency asbestos diseases have legitimate coverage claims — even decades later. Insurers cannot simply hide behind restrictive policy language to avoid responsibility.
For families across Louisiana, this ruling means hope, accountability, and the chance to secure the support they deserve after years of hardship.
Standing Up for Louisiana Workers
At Landry & Swarr, we have spent decades fighting for Louisiana families whose lives were changed by asbestos exposure. This case is another reminder that while insurance companies will fight to limit coverage, the law is on the side of workers and their loved ones when the truth is brought to light.
If you or a loved one has been diagnosed with mesothelioma or another asbestos-related disease, we are here to help.