§ 6-5-691 — Definitions

For the purposes of this article, the following terms have the following meanings:
(1) ASBESTOS ACTION. A civil action arising out of, based on, or related to the health effects of exposure to asbestos and any derivative claim made by or on behalf of a person exposed to asbestos or a representative, spouse, parent, child, or other relative of that person. The term asbestos action does not include claims alleging ovarian cancer.
(2) ASBESTOS TRUST. A government-approved or court-approved trust, qualified settlement fund, compensation fund, or claims facility that is created as a result of an administrative or legal action, a court-approved bankruptcy, pursuant to 11 U.S.C. § 524(g), 11 U.S.C. § 1121(a), or other applicable provision of law, that is intended, in whole or in part, to provide compensation to claimants arising out of, based on, or related to the health effects of exposure to asbestos.
(3) EXPOSED PERSON. A person whose exposure to asbestos or to asbestos-containing products is the basis for an asbestos action.
(4)
TRUST CLAIM MATERIALS. A final executed proof of claim and all documents and information submitted to or received from an asbestos trust, including claim forms and supplementary materials, affidavits, medical and health records, depositions and trial testimony of the plaintiff and others knowledgeable about the plaintiff’s exposure history, work history, exposure allegations, and all documents that reflect the status of a claim against an asbestos trust and if the trust claim has been resolved.
(5)
TRUST GOVERNANCE DOCUMENTS. All documents that relate to eligibility and payment levels, including claims payment matrices, trust distribution procedures, or plans for reorganization, for an asbestos trust.

Legislative History

(Act 2019-261, §1; Act 2024-234, §1.)