Adams v. Employers Insurance Company of Wausau

(Court opinion corrected 3/23/16.) Plaintiffs, diagnosed with mesothelioma and lung cancer, filed declaratory judgment complaint against defendant insurers.  Court properly dismissed complaint as barred by Section 12.80 of Business Corporation Act of 1983 which prohibits direct actions against insurers. Insured corporation, an insulation contractor that used asbestos products, was dissolved in 2003, and purchaser of certain of its assets did not buy any of its liabilities or liability insurance policies. Plaintiffs' causes of action did not accrue until after expiration of corporation's 5-year wind-up period, and they cannot sue corporation to obtain liability judgment against it.(HOLDRIDGE and WRIGHT, concurring.)