§ 76-103 — Definitions.

Oklahoma § 76-103

• Jurisdiction: Oklahoma
• Title 76: Torts

Text

DEFINITIONS. As used in the Innocent Successor Asbestos-Related Liability Fairness Act: 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 any claim for: (1) personal injury or death, (2) mental or emotional injury, (3) risk of disease or other injury, or (4) the costs of medical monitoring or surveillance, b. any claim made by or on behalf of any person exposed to asbestos, or a representative, spouse, parent, child, or other relative of the person, and 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. "Innocent successor" means a corporation that assumes or incurs or has assumed or incurred successor asbestos-related liabilities that is a successor and became a successor before January 1, 1972, or is any of that successor corporation's successors, and that after a merger or consolidation did not continue in the business of mining asbestos, in the business of selling or distributing asbestos fibers, or in the business of manufacturing, distributing, removing, or installing asbestos- containing products that were the same or substantially the same as those products previously manufactured, distributed, removed, or installed by the transferor; 4. "Successor asbestos-related liabilities" means any liabilities, whether known or unknown, asserted or unasserted, absolute or contingent, accrued or unaccrued, liquidated or unliquidated, or due or to become due, which are related to asbestos claims and 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. The term 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 6 of this act, were or are paid or otherwise discharged, or committed to be paid or otherwise discharged, by or on behalf of the corporation, or 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; and 5. "Transferor" means a corporation from which successor asbestos-related liabilities are or were assumed or incurred.

Legislative History

Added by Laws 2013, 1st Ex.Sess., c. 22, § 3, emerg. eff. Sept. 10, 2013. NOTE: Text formerly resided under repealed Title 76, § 73, which was derived from Laws 2009, c. 228, § 67, which was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013).