Scientifically Reviewed By:
Written By:
Last Modified February 4, 2022
This page features 8 Cited Research Articles
Fact Checked
Our fact-checking process begins with a thorough review of all sources to ensure they are high quality. Then we cross-check the facts with original medical or scientific reports published by those sources, or we validate the facts with reputable news organizations, medical and scientific experts and other health experts. Each page includes all sources for full transparency.
Reviewed

Asbestos.com is the nation’s most trusted mesothelioma resource

The Mesothelioma Center at Asbestos.com has provided patients and their loved ones the most updated and reliable information on mesothelioma and asbestos exposure since 2006.

Our team of Patient Advocates includes a medical doctor, a registered nurse, health services administrators, veterans, VA-accredited Claims Agents, an oncology patient navigator and hospice care expert. Their combined expertise means we help any mesothelioma patient or loved one through every step of their cancer journey.

More than 30 contributors, including mesothelioma doctors, survivors, health care professionals and other experts, have peer-reviewed our website and written unique research-driven articles to ensure you get the highest-quality medical and health information.

About The Mesothelioma Center at Asbestos.com

  • Assisting mesothelioma patients and their loved ones since 2006.
  • Helps more than 50% of mesothelioma patients diagnosed annually in the U.S.
  • A+ rating from the Better Business Bureau.
  • 5-star reviewed mesothelioma and support organization.
Learn More About Us

Testimonials

"My family has only the highest compliment for the assistance and support that we received from The Mesothelioma Center. This is a staff of compassionate and knowledgeable individuals who respect what your family is experiencing and who go the extra mile to make an unfortunate diagnosis less stressful. Information and assistance were provided by The Mesothelioma Center at no cost to our family."
Lashawn
Mesothelioma patient’s daughter
  • Google Review Rating
  • BBB Review Rating
Read Our Testimonials
Quick Facts About Rapid-American Corp./Philip Carey Manufacturing Corp.
  • Founded:
    1888
  • Years Operated:
    1888-present
  • Headquarters:
    New York, New York
  • Business:
    Manufactured insulation and industrial applications
  • Asbestos Trust:
    No
  • Bankruptcy Status:
    Filed in 2013

History of Rapid-American Corp. with Asbestos

Philip Carey Manufacturing Corporation was a longtime manufacturer of insulation products for industrial equipment, including boilers, pipes, generators and more.

For nearly 80 years, the company mined asbestos and manufactured asbestos-containing products for various industries. Sometimes referred to as “Old Carey,” the company was established in Ohio in 1888.

In October 1972, a merger between Philip Carey and another Ohio-based company called Rapid-American Corporation occurred.

Because Philip Carey Manufacturing used asbestos to make products, many workers were dangerously exposed to these toxic fibers. The company, along with its subsidiaries and spinoffs, eventually became the target of substantial legal claims after these products harmed employees and consumers.

Notable Asbestos Lawsuits Against Rapid-American

Rapid-American started facing asbestos-related lawsuits in 1974 after it acquired Philip Carey. The thousands of legal claims against Rapid-American and its subsidiaries took a financial toll on the company.

The company filed for Chapter 11 bankruptcy protection in 2013 because it was facing an estimated 275,000 asbestos claims. Rapid-American only settled about 75,000 of the claims and listed between $100 million and $500 million in dept, according to court filings.

In July 2017, Rapid-American and two other groups requested a protective order from double-dipping in the asbestos recovery system. U.S. Bankruptcy Judge Stuart Bernstein denied the order on Feb. 12, 2018, refusing to strike the subpoenas issued by insurers that process asbestos personal injury claims.

Pustejovsky v. Rapid-American Corp.

Henry Pustejovsky was exposed to asbestos from 1954 through 1979 as a metal worker.

In 1982, he was diagnosed with asbestosis, a nonmalignant disease caused by inhaling asbestos fibers. Pustejovsky filed a lawsuit against Johns-Manville Corporation, one of the asbestos product suppliers to his employer, and received a $25,000 settlement.

In 1994, Pustejovsky was diagnosed with mesothelioma, a terminal cancer caused by asbestos exposure. He then sued Rapid-American and other asbestos suppliers for his injuries.

Defendants argued that Pustejovsky was out of the statutes of limitations for a second claim because he first discovered his injuries from occupational asbestos exposure 12 years earlier with the asbestosis diagnosis.

Pustejovsky showed undisputed medical evidence that asbestosis and mesothelioma are separate injuries. However, the trial court granted summary judgment to the defendants based on statute of limitations and an appeals court held up the decision.

In 2010, the Texas Supreme Court reversed the decision. It ruled that a person who previously received compensation for an asbestos-related disease should have the opportunity to pursue a second lawsuit if they are later diagnosed with mesothelioma.

Novicki v. Rapid-American

In March 1997, the family of Julius L. Novicki filed a lawsuit against Rapid-American, along with 44 additional defendants, for wrongful death relating to the “sale, installation and repair of asbestos products.”

Novicki spent seven years as a welder where he used asbestos-containing products manufactured by Rapid-American and other companies. He later developed mesothelioma and died in 1995.

The case, Novicki v. Rapid-American, further exposed the occupational dangers associated with exposure to Philip Carey asbestos products.

Rapid-American Bankruptcy and Legal Proceedings

After Rapid-American filed for Chapter 11 bankruptcy protection in 2013, the company has faced an ongoing legal saga with insurers responsible for covering liabilities.

Several insurers that issued policies to Rapid became insolvent and unable to pay the full amounts of those policies. The St. Paul Fire and Marine Insurance Co. policy was the highest at $3 million of primary coverage and $60 million of excess coverage.

In June 2016, U.S. Bankruptcy Judge Stuart M. Bernstein ruled that the majority of excess insurers owed nothing to Rapid-American for asbestos claims until the company exhausted the $700 million it promised to pay.

Bernstein’s ruling in February 2018 cleared the insurers to subpoena Rapid-American over asbestos claim information. Those subpoenas were issued in May 2019 in a New York bankruptcy court.

In September 2021, a New York bankruptcy judge approved Rapid-American’s bankruptcy reorganization plan. The judge approved the company’s plan to use $12.3 million in insurance settlements to fund an asbestos trust that will handle future claims.

The company said it i using the last of its assets to establish the fund and will dissolve the organization after 64 years of operation.

Mesothelioma patient and wife reading financial aid guide
Exposed to Asbestos at Rapid-American/Philip Carey Manufacturing Corp.?
Gain access to trust funds, grants and other forms of compensation for you or your loved ones.

Philip Carey Asbestos Products

Philip Carey used asbestos to manufacture a variety of industrial equipment, including boilers, pipes, insulation and generators. Carey Canada, a subsidiary of Celotex, even owned and operated an asbestos mine in Quebec.

Examples of the asbestos products manufactured by the original Philip Carey Manufacturing Corporation include:

  • Carey-Canadian Asbestos 7RF Floats
  • Carey Thermo-Board concrete
  • Carey Rock Wool
  • Asbestos Magnesia Diatomite Rock Wool
  • Carey Stone
  • Fire-Chex Singles

Workers and Occupations at Risk

Anyone who worked with equipment or asbestos products manufactured by Philip Carey before the 1970s is at high risk of developing an asbestos-related disease. Mesothelioma and related diseases typically take decades to develop after a person is exposed to asbestos.

Industrial engineers, metal and factory workers, machinists and other industrial occupations were among the most at risk for exposure to these products.

Receiving regular screenings from your doctor is recommended to anyone who believes they were at increased risk of asbestos exposure.


Get Free Recipes for Mesothelioma Patients
Mesothelioma packet from the Mesothelioma Center
Read the Top Mesothelioma Guide for Free
Get the Compensation You Deserve

  •  
  •  
  •  
Tell us what you think
Did this article help you?
How did this article help you?
What about this article isn’t helpful for you?
Did this article help you?

Thank you for your feedback. Would you like to speak with a Patient Advocate?