§ 12-559 — Definitions

Arizona § 12-559

• Jurisdiction: Arizona
• Title 12: Arizona Revised Statutes
• Ch. 5: LIMITATIONS OF ACTIONS
• Art. 4: Successor Asbestos-Related Liability

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In this article, unless the context otherwise requires:

1. "Asbestos claim" means any claim, wherever or whenever made, for damages, losses, indemnification, contribution or other relief arising out of, based on or in any way related to asbestos including:

(a) The health effects of exposure to asbestos including a claim for:

(i) Personal injury or death.

(ii) Mental or emotional injury.

(iii) Risk of disease or other injury.

(iv) The costs of medical monitoring or surveillance.

(b) Any claim made by or on behalf of any person exposed to asbestos or a representative or a spouse, parent, child or other relative of the person.

(c) Any claim for damage or loss caused by the installation, presence, or removal of asbestos.

2. "Corporation" means a corporation for profit, including a domestic corporation organized under the laws of this state or a foreign corporation organized under laws other than the laws of this state.

3. "Successor" means a corporation that assumes or incurs or has assumed or incurred successor asbestos-related liabilities, that is a successor and that became a successor before January 1, 1972 or is any of that successor corporation's successors.

4. "Successor asbestos-related liabilities" means any liabilities, whether known or unknown, asserted or unasserted, absolute or contingent, accrued or nonaccrued, liquidated or nonliquidated or due or to become due, that are related in any way to asbestos claims and that were assumed or incurred by a corporation as a result of or in connection with a merger or consolidation, or the plan of merger or consolidation related to the merger or consolidation with or into another corporation, or that are related in any way to asbestos claims based on the exercise of control or the ownership of stock of the corporation before the merger or consolidation. Successor asbestos-related liabilities includes liabilities that, after the time of the merger or consolidation for which the fair market value of total gross assets is determined pursuant to section 12-559.02, were or are paid or otherwise discharged, or committed to be paid or otherwise discharged, by or on behalf of the corporation, by a successor of the corporation or by or on behalf of a transferor, in connection with settlements, judgments or other discharges in this state or another jurisdiction.

5. "Transferor" means a corporation from which successor asbestos-related liabilities are or were assumed or incurred.