The rule treats malignant and non-malignant asbestos disease as separate causes of action, so a claimant who settled or litigated a non-malignant claim may bring a new action if cancer later develops.
Limitations run separately from each diagnosis.
Alternative Names:
Separate Disease Rule, Two Disease Doctrine
Why it Matters?
Where the rule applies, a release resolving a non-malignant claim does not bar a later cancer claim unless it expressly covers future malignancy, which makes release drafting consequential. Jurisdictions rejecting the rule require the claimant to sue once for all present and future consequences, which forces earlier and more speculative claims. The applicable rule determines whether a resolved claim is actually resolved.
Frequently Confused with
Related terms
Frequently asked questions
Does a non-malignant settlement bar a later cancer claim?
What is the alternative rule?
