Asbestos Trusts Update Site List
Several of the Asbestos Personal Injury Trusts updated their site lists this week. Click the Trust name below for a link to the new site list.
Babcock & Wilcox Trust updated site list
Owens Corning Trust updated site list
NGC Adopts ADR Procedures
In November, the National Gypsum Bodily Injury Trust adopted ADR Procedures. They differ somewhat from ADR procdures adopted by other Asbestos Bankrutpcy Trusts in that there is no mediation or pro bono arbitration prior to commencing the arbitration. Only Individual Review Claims can be arbitrated. In lieu of mediation, these procedures provide for a Final Facility Review which is essentially a conference with analysts and the Executive Director of the Trust. After the Final Facility Review, then the Claimant may elect arbitration by filing an Election to Arbitrate with the Trust.
The Claimant must submit any documents or other evidence he wants the arbitrator to consider during the Final Facility Review Process. Upon completion of the Final Facility Review Process, the Claimant cannot submit any additional document or other evidence. There is no discovery allowed during the arbitration process. The Claimant must submit a brief within the time specified or the ADR process will terminate.
Here is a basic timeline*:
1. NOD-A or NOD-D received. Claimant receives a notice of determination indicating that the claim has been allowed or disallowed. If the IR Claim is allowed, the notice of determination will include the Allowed Liquidated Value assigned by the Trust.
2. Election to Commence ADR. Within 180 days of receiving the notice of determination, the Claimant may file an “Election to Commence ADR:” which is provided with the notice of determination.
3. New Offer or Schedule Final Facility Review Conference. Within 30 days after receiving the Election to Commence ADR, the Trust will review the claim and either issue a new offer or put the claim on the list for the Final Facility Review conference to be scheduled. The Trust shall provide Claimant with 10 days notice of the date and time of the telephonic conference.
4. New Allowance Notice or Notice of Final Facility Review Decision. There is no deadline for the Trust to schedule the Final Facility Review conference. However, once the Final Facility Review conference has completed, the Trust will either issue a new notice of allowance or a Notice of Final Facility Review Decision (within 10 days if no new information was submitted after commencing ADR and within 30 days if new information was submitted).
5. Election to Arbitrate. Within 60 days after receipt of the Notice of Final Facility Review Decision, the Claimant who wishes to contest that decision must file an Election to Arbitrate.
6. Distribution of Arbitration Record. The Arbitration Record will be distributed to the Arbitrator within 45 days of the filing of the Election to Arbitrate if there is no Facility Disclosure Record or within 70 days of the filing of the Election to Arbitrate if there is a Facility Disclosure Record.
7. Submission of Initial Brief. The Trust and the Claimant must submit an initial brief within 30 days after the notice of the Distribution of the Abritration Record.
8. Supplemental Brief. The Trust and the Claimant may submit a supplemental brief within 50 days after the notice of the Distribution of the Abritration Record.
9. Arbitration Decision. The arbitrator shall issue a decision 30 days after (1) the submission of the final brief or the date or (2) the date the arbitrator concludes a pre-decision conference call, whichever is later.
10. Rejection of Arbitration Award. The claimant must file a Rejection of the Arbitrator’s Award within 30 days after the arbitrator’s decision is issued.
Visit www.asbestosclaimstx.com for more asbestos bankruptcy information. For a copy of the NGC Trust ADR Procedures, click here.
* This is provided for informational purposes only, does not constitute legal advice, does not necessarily reflect the opinions of any of its attorneys and is not guaranteed to be correct, complete, or up to date. This Website is not intended to create an attorney-client relationship between you and the Law Firm of Hanners & Duncan, PLLC.
Owens Corning/Fibreboard Claims – Tip of the Day
In Part 3, Question 7, the Owens Corning and Fibreboard Trust Claim Form requires that you provide a description of how the Claimant was exposed to the types of asbestos products manufactured by Owens Corning or Fibreboard. From just reading the plain language of the claim form, it would appear that this requirement can be met by checking one of the four boxes under Part 3, Question 7.a. or by providing a narrative description under Part 3, Question 7b. In fact, the claim form states, “If any of the first four boxes are checked, proceed to question #8.” However, despite this plain language, if you check one of the boxes and the Claimant’s occupation is not on the Presumptive SOE Occupations Ratings list, YOU WILL RECEIVE A DEFICIENCY unless you also answer Question 7 b! As a practical matter, the Claim Form should actually read, answer Question 7 b and provide a description of the Claimant’s exposure to the type of asbestos products or activities that you have attributed to OC/FB at this site UNLESS the Claimant’s occupation is on the Presumptive SOE Occupations Ratings list. This is based on our personal experience. The Claim Form instructions hint at this on page 8.
DII Trust Increases Values, Lowers Payment Percentage
If you did not return your original, executed release by October 28, 2009, then any offer you received from the DII Trust has been withdrawn. New offers will be issued at a later date.
The DII Industries Asbestos PI Trust increased its Scheduled, Average and Maximum Values for Harbison Walker and Non-Harbison Walker Claims and lowered its payment percentage from 100% to 52.5%. This will result in a net increase in payment amounts to claimants even with the much lower payment percentage. For example, a Level II claimant received $400 for Non-Harbison Walker claims and $1,400 for Harbison Walker Claims under the old values. With the newly increased values and lower payment percentage, Level II claimants will receive $577.50 for Non-Harbison Walker claims and $1,995 for Harbison Walker Claims. Previously paid claimants will receive a supplemental payment.
The DII Asbestos PI Trust will be issuing new offers using the updated IR model. Acknowledgment letters for supplemental payments will go out beginning Monday, November 9, 2009.
Babcock & Wilcox Deadline: January 17, 2010
If you or your clients were diagnosed with an asbestos-related condition between February 22, 2000 and January 17, 2007, then you must file a claim with the BW Asbestos Personal Injury Trust on or before January 17, 2010.
If you or your clients were diagnosed with an asbestos-related condition prior to February 22, 2000, then you may still be able to file a claim with the BW Asbestos Personal Injury Trust on or before January 17, 2010 if one of the following conditions applies:
- You filed a lawsuit against B&W prior to February 22, 2000
- You submitted a claim to B&W pursuant to an administrative settlement agreement prior to February 22, 2000
- There was a tolling agreement in effect between you and B&W on February 22, 2000
- Your potential claim against BW was not barred by the applicable statute of limitation or repose on February 22, 2000.
Notice from Trust : http://bwasbestostrust.com/files/Notice%20of%20SOL%20(D0164909).pdf
BW Lowers Payment Percentage
The Babcock & Wilcox Asbestos Personal Injury Trust has lowered its payment percentage from 34% to 15%.
