Congoleum Corporation
Congoleum Corporation gets its name from a simulated wood grain flooring product that the company sold until the 1930s. Asphalt materials from the Belgian Congo in Africa were used to make the product justly named “Congoleum.” Congoleum Corporation has roots going back more than 100 years to Kirkcaldy, Scotland. Michael Nairn began by selling painted floor cloths made of sailcloth in Scotland. His son, Sir Michael Nairn, brought the company to the United States around 1880 and settled in New Jersey.
Congoleum began manufacturing linoleum flooring until they partnered with the supplier of the “Congo” product that they used to border area rugs and linoleum. “Nairn Linoleum” became “Congoleum-Nairn” and began manufacturing vinyl flooring in the 1950s. Vinyl is completely man-made and provided consumers with a less expensive yet stylish and durable flooring option. Congoleum was also the first company to offer “no-wax” resilient flooring.
Congoleum continued to expand and later merged with Amtico Floors, a tile manufacturer. Most recently, Congoleum has partnered with 3M Corporation to offer new resilient flooring with Scotchgard Protector. Congoleum products can be found in retail stores across the nation and all products are manufactured in Pennsylvania, Maryland and New Jersey.
Congoleum and Asbestos
Congoleum Corporation used asbestos in many of the flooring products they produced between 1947 and 1983. Asbestos can be found in their six-foot sheet flooring, asphalt tile and countertops distributed to both retailers and other manufacturers. Many of the company’s most popular products contained asbestos, including the “Gold Seal” flooring products that were offered in the 1950s.
Asbestos was used in home building materials such as flooring because it is durable and resistant to heat, fire and certain chemicals. Although flooring products that contained asbestos were labeled as such, installers were not informed of the dangers of asbestos exposure. Cutting or sanding Congoleum flooring products during just one residential or commercial installation could cause an asbestos-related disease such as mesothelioma.
Congoleum’s own guide for making repairs to Congoleum floor coverings states that, unless you are positive that the flooring does not contains asbestos, you should assume that it does. Asbestos can be found in the felt backing and sometimes in the flooring material itself. Congoleum supplied an asbestos felt floor backing to partner Amtico and other flooring manufacturers.
Hazardous asbestos is any material that contains more than 1 percent asbestos by weight or area that can be crumbled. Crumbling the friable material causes microscopic asbestos fibers to become airborne. Old flooring that is cracked or damaged is considered to be friable asbestos. The felt backing on flooring is friable asbestos and should be replaced with new flooring. Non-friable material can become friable and dangerous as it breaks down and releases asbestos fibers.
Congoleum and Asbestos Litigation
In 1993, Congoleum attempted to file Chapter 11 bankruptcy due to claims of asbestos exposure resulting in illness and often death. Claimants admitted that they were aware of the asbestos in the products because they were labeled as such. However, employees, installers and customers were not warned of the risks associated with cutting or sanding asbestos-containing materials. Many other flooring manufacturers were named in lawsuits prior to 2003 and most settled quickly. Congoleum was forced to fight the allegations because its insurers refused to pay claims related to mesothelioma cancer and other asbestos-related diseases.
In 2009, a judge denied Congoleum’s attempt at bankruptcy to avoid paying mesothelioma claims. Lawyers working for Congoleum had previously conspired with the plaintiff’s attorneys in an attempt at getting Congoleum insurers to pay the mesothelioma claims. Finally, in July, 2010, a District Court in New Jersey confirmed Congoleum’s bankruptcy reorganization plan. A little more than 50 percent of the company’s stock will be reorganized into a trust to pay medical bills and death benefits of asbestos claimants. An additional $235 million of asbestos insurance settlement will also be included in the trust.
If you were exposed to Congoleum floor products at any time, even if you are not currently experiencing any symptoms, see your doctor for regular health screenings for signs of mesothelioma. Symptoms can take several decades to arise so annual checkups are needed.
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© 2012 The Mesothelioma Center |
Last Modified Thursday, February 9th, 2012 | Disclaimer | Privacy Policy |
The information provided by The Mesothelioma Center is not a substitute for professional medical advice, diagnosis or treatment.
Sponsored by a law firm concentrating in asbestos litigation, The Peterson Firm, LLP with offices at 1350 Connecticut Ave, NW, Fifth Floor, Washington DC 20036.
