JERRY BABB, Plaintiff,
v.
MIDWEST INSULATION SERVICES, INC., and EMPLOYERS MUTUAL COMPANIES, Defendants and Third-Party Plaintiffs,
v.
FIDELITY & CASUALTY OF NEW YORK, SEABOARD FIRE & MARINE (CHANGED NAME TO ATLANTA INTERNATIONAL INS.), HAWKEYE SECURITY INSURANCE (CHANGED TO HOMELAND CENTRAL INSURANCE CO.), WESTERN CASUALTY & SURETY INSURANCE COMPANY, UNITED SECURITY INSURANCE, Third-Party Defendants.
No. 1715
DOC 201
Nebraska Workers Compensation
August 27, 2007
Michael P. Dowd, Attorney at Law
Larry
E. Welch, Sr., Attorney at Law
Bradley D. Shidler, Attorney at Law
Matthew J. Buckley, Attorney at Law
Dallas
D. Jones, Attorney at Law
Shirley K. Williams, Attorney at Law
PRETRIAL ORDER
Michael P. Cavel, JUDGE
This
matter came before the Court for a pretrial conference on
August 22, 2007. Most of the parties had previously provided
to the Court witness and exhibit lists in addition to a joint
pretrial conference memorandum. On the basis of the
memorandum, the lists, and the conference, the Court finds
the trial of this matter should be governed by the following:
I.
For all
relevant times plaintiff has been employed by the same entity
which is presently know as Midwest Insulation Services, Inc.
and was exposed to asbestos during said employment with the
defendant. The parties further stipulate that the applicable
maximum rate of compensation is $487 (a maximum rate in
effect during calendar year 2000). The parties further agree
that Employers Mutual Companies provided workers’
compensation insurance to Midwest Insulation for the time
period from January 1, 1964 to January 1, 1973. The parties
agree that CNA is the successor in interest for Fidelity and
Casualty Company of New York which insured Midwest Insulation
for workers’ compensation from January 1, 1973, to March 1,
1973. CNA is also the successor in interest for Seaboard Fire
& Marine which insured Midwest Insulation for workers’
compensation from March 1, 1973, to January 1, 1975. The
parties agree that OneBeacon Insurance is the...
