Kase v. Metalclad Insulation Corporation

Opinion

BANKE, J.

Plaintiffs appeal from a defense summary judgment in this asbestos case arising from Gary Ease’s exposure to asbestos insulation used on nuclear submarines during the early 1970’s. The principal issue we must decide is whether the Navy’s procurement of asbestos insulation for its nuclear submarines comes within the ambit of the government contractor defense set forth in Boyle v. United Technologies Corp. (1988) 487 U.S. 500 [101 L.Ed.2d 442, 108 S.Ct. 2510] (Boyle). This defense has long been available, even if not always successfully proved up, in asbestos lawsuits brought…