In Re W. R. Grace & Co
In In Re W. R. Grace & Co., 355 B.R. 462 (D. Del. 2006), the court had before it cross motions for summary judgment by W. R. Grace & Co, debtor, and a group of property damage claimants regarding whether the presence of asbestos containing insulation in attics presented an unreasonable risk of harm. Id. at 464-465. The court found that the product did emit a small quantity of asbestos fibers when disturbed but otherwise did not release fibers into the living area at a medically significant level. Id. at 467, 476-77.
The court held that the mere presence of asbestos containing insulation in the attic, without epidemiological or risk assessment evidence did not establish an unreasonable risk of harm. Id. at 493.
The evidence established that the risk of exposure from the attic insulation was "less than that of dying in a bicycle accident, by drowning, or from food poisoning." Id.