21 Maple Avenue • PO Box 9175 Bay Shore, NY 11706-9175 phone 888-336-1760 fax 631-665-8086 email [email protected] www.InvisionUs.com INVISION (www.INVISIONUS.com) is a full-service risk management company and third party administrator (TPA) providing claims, data, and risk management services to insurers, self- insureds and intermediaries throughout the world. COMPANY OVERVIEW American International Industries (AII) Case Study Aggressive Claims Management Saves Manufacturer From Asbestos- Related Litigation American International Industries (AII) is a leading manufacturer and distributor of innovative, quality beauty and skin care products for men and women. Based in Los Angeles, the company’s product lines include a talc-based brand they had acquired back in 1987, which was used by barbershops, beauty salons and consumers for many years. Beginning in 2006, six lawsuits were filed against AII charging that their talc-based products, either alone or in conjunction with products manufactured by other companies, contained asbestos. The suits charged that the products caused mesathelioma, a rare and fatal form of cancer that can result from inhaling asbestos or exposure to it for a prolonged period of time. While the AII talc product did not contain asbestos, the suits were filed by attorneys who specialized in asbestos-related litigation and had a successful track record in winning or settling cases for substantial damages. Aggressive litigation by these attorneys had the potential to force AII to settle out of court – resulting in losses of hundreds of thousands of dollars. In addition, AII has an asbestos exclusion in its insurance, so legal fees and damages would directly affect the company’s bottom line. Resisting Frivolous Claims Despite the potential for such significant losses, Theresa Cooper, Executive Vice President at AII, says she was not concerned. She felt confident her third party administrator, INVISION, would do the right thing. “I knew that Dave Casper and INVISION would take care of everything,” Cooper said. “Because he knows our company, our brands and our history, and is so well versed in the product liability arena, he knows what to do.” Casper, a Claims Examiner at INVISION, led an aggressive effort to file motions to dispose of each case, avoiding the time and expense of depositions and/or lengthy trials. INVISION used its network of attorneys in each state where the suits were filed to work aggressively in this direction. While the plaintiffs’ attorneys continued to try to settle, INVISION advised AII to stand firm and demand that the cases be dismissed. “When we are faced with claims, Dave will recommend that we settle in some cases, but not in this case. He felt strongly that we should not settle and we followed his advice,” Cooper says. “Dave is really our eyes and ears. He’s very thorough and never leaves a stone unturned.” Six lawsuits were filed against American International Industries (AII) charging that their talc-based products contained asbestos and caused a fatal form of cancer. Aggressive litigation by a group of attorneys had the potential to force AII to settle out of court – resulting in losses of hundreds of thousands of dollars. CHALLENGE Dave Casper, a Claims Examiner at INVISION, led an aggressive effort to file motions to dispose of each case, avoiding the time and expense of depositions and/or lengthy trials. INVISION used its network of attorneys and advised AII to demand that the cases be dismissed. SOLUTION As a result of INVISION’s aggressive efforts, each of the six asbestos cases were dismissed and the legal expenses were minimized. By having the cases dismissed, INVISION decreased the likelihood of future suits being filed against AII. BENEFITS
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Apr 20, 2018
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21 Maple Avenue • PO Box 9175
Bay Shore, NY 11706-9175
phone 888-336-1760 fax 631-665-8086
email [email protected]
www.InvisionUs.com
INVISION (www.INVISIONUS.com)is a full-service risk managementcompany and third party administrator(TPA) providing claims, data, and riskmanagement services to insurers, self-insureds and intermediaries throughoutthe world.
COMPANYOVERVIEW
American InternationalIndustries (AII)
Case StudyAggressive Claims ManagementSaves Manufacturer From Asbestos-Related LitigationAmerican International Industries (AII) is a leading manufacturer and distributor of innovative,quality beauty and skin care products for men and women. Based in Los Angeles, thecompany’s product lines include a talc-based brand they had acquired back in 1987, whichwas used by barbershops, beauty salons and consumers for many years.
Beginning in 2006, six lawsuits were filed against AII charging that their talc-based products,either alone or in conjunction with products manufactured by other companies, containedasbestos. The suits charged that the products caused mesathelioma, a rare and fatal form ofcancer that can result from inhaling asbestos or exposure to it for a prolonged period of time.
While the AII talc product did not contain asbestos, the suits were filed by attorneys whospecialized in asbestos-related litigation and had a successful track record in winning orsettling cases for substantial damages. Aggressive litigation by these attorneys had the potentialto force AII to settle out of court – resulting in losses of hundreds of thousands of dollars. Inaddition, AII has an asbestos exclusion in its insurance, so legal fees and damages woulddirectly affect the company’s bottom line.
Resisting FrivolousClaimsDespite the potential for such significant losses, Theresa Cooper, Executive Vice President atAII, says she was not concerned. She felt confident her third party administrator, INVISION,would do the right thing. “I knew that Dave Casper and INVISION would take care ofeverything,” Cooper said. “Because he knows our company, our brands and our history, andis so well versed in the product liability arena, he knows what to do.”
Casper, a Claims Examiner at INVISION, led an aggressive effort to file motions to disposeof each case, avoiding the time and expense of depositions and/or lengthy trials. INVISIONused its network of attorneys in each state where the suits were filed to work aggressively inthis direction. While the plaintiffs’ attorneys continued to try to settle, INVISION advisedAII to stand firm and demand that the cases be dismissed.
“When we are faced with claims, Dave will recommend that we settle in some cases, but notin this case. He felt strongly that we should not settle and we followed his advice,” Coopersays. “Dave is really our eyes and ears. He’s very thorough and never leaves a stone unturned.”
Six lawsuits were filed against AmericanInternational Industries (AII) chargingthat their talc-based products containedasbestos and caused a fatal form ofcancer. Aggressive litigation by a groupof attorneys had the potential to forceAII to settle out of court – resultingin losses of hundreds of thousandsof dollars.
CHALLENGE
Dave Casper, a Claims Examiner atINVISION, led an aggressive effort to filemotions to dispose of each case, avoidingthe time and expense of depositionsand/or lengthy trials. INVISION usedits network of attorneys and advised AIIto demand that the cases be dismissed.
SOLUTION
As a result of INVISION’s aggressiveefforts, each of the six asbestos caseswere dismissed and the legal expenseswere minimized. By having the casesdismissed, INVISION decreased thelikelihood of future suits being filedagainst AII.
BENEFITS
American InternationalIndustries (AII)
Case Study (Cont.)
Aggressive Claims ManagementSaves Manufacturer From Asbestos-Related Litigation
MinimizingExpenses and PreventingFuture Claims
As a result of INVISION’s aggressive efforts, each of the six asbestos cases were dismissed andthe legal expenses were minimized. In addition, by having the cases dismissed – and notsettled – INVISION decreased the likelihood of future suits being filed against AII.
“There is quite a network of attorneys who take on asbestos-related litigation and they trackcompanies who have suits filed against them,” Casper says. “If we had settled for any amount,it would have opened the door for more frivolous litigation. We wanted to protect AII nowand for the future.”
“That’s the bottom line with Dave Casper and INVISION,” Cooper says. “They save us a lotof time and money. TPAs don’t come any better.”
21 Maple Avenue • PO Box 9175
Bay Shore, NY 11706-9175
phone 888-336-1760 fax 631-665-8086
email [email protected]
INVISION is a full-service riskmanagement company and thirdparty administrator (TPA) providingclaims, data, and risk managementservices to insurers, self-insureds andintermediaries throughout the world.Through the use of sophisticatedInternet-based intelligence and data-bases, comprehensive investigations andthe services of highly qualified claimsand legal staff, INVISION deliversresponsive service for effective 24/7claims management. INVISIONtailors services specifically to fit eachclient’s needs and handles all formsof Property, Casualty and Workers’Compensation investigations.
ABOUT INVISION
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