§ 32-46.1-01 — Definitions

North Dakota § 32-46.1-01

• Jurisdiction: North Dakota
• Title 32: Judicial Remedies
• Ch. 32-46.1: Asbestos Bankruptcy Trust Transparency

Text

For purposes of this chapter, unless the context otherwise requires:
1. "Asbestos" means chrysotile, amosite, crocidolite, tremolite asbsestos, anthophyllite
asbestos, actinolite asbestos, asbestiform winchite, asbestiform richterite, asbestiform
amphibole minerals, and any of these minerals that have been chemically treated or
altered, including all minerals defined as asbestos in title 29, Code of Federal
Regulations, part 1910.
2. "Asbestos action" means a claim for damages or other civil or equitable relief
presented in a civil action arising out of, based on, or related to the health effects of
exposure to asbestos, including loss of consortium, wrongful death, mental or
emotional injury, risk or fear of disease or other injury, costs of medical monitoring or
surveillance, and any other derivative claim made by or on behalf of an individual
exposed to asbestos or a representative, spouse, parent, child, or other relative of the
exposed individual. This term does not include a claim for compensatory benefits
pursuant to workers' compensation or veterans' benefits.
3. "Asbestos trust" means a government-approved or court-approved trust, qualified
settlement fund, compensation fund, or claims facility created as a result of an
administrative or legal action, a court-approved bankruptcy, or pursuant to 11 U.S.C.
524(g), 11 U.S.C. 1121(a), or other applicable provision of law intended to provide
compensation to claimants arising out of, based on, or related to the health effects of
exposure to asbestos.
4. "Plaintiff" means an individual asserting an asbestos action, a decedent if the action is
brought on behalf of an estate, and a parent or guardian if the action is brought on
behalf of a minor or legally incapacitated individual.
5. "Trust claims materials" means a final executed proof of claim and all other documents
and information related to a claim against an asbestos trust, including claims forms
and supplementary materials, affidavits, depositions, trial testimony, work history,
medical and health records, documents reflecting the status of a claim against an
asbestos trust, and if the trust claim has settled, all documents relating to the
settlement of the trust claim.
6. "Trust governance documents" means all documents that relate to eligibility and
payment levels, including claims payment matrices, trust distribution procedures, or
plans for reorganization for an asbestos trust.
7. "Veterans' benefits" means a program administered by the veterans' administration
under 38 U.S.C.
8. "Workers' compensation" means a program administered by the United States or a
state to provide benefits, funded by a responsible employer or its insurance carrier, for
occupational diseases, injuries, disability, or death caused by an individual's
occupation. The term does not include 45 U.S.C. 51.