West Virginia § 55-7F-8 Valuation of asbestos trust claims; judicial notice

West Virginia Statutes

§ 55-7F-8 — Valuation of asbestos trust claims; judicial notice

West Virginia·Ch. 55 ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALE·Art. 7F ASBESTOS BANKRUPTCY TRUST CLAIMS TRANSPARENCY ACT

(a)If a plaintiff proceeds to trial in an asbestos action before an asbestos trust claim is resolved, the filing of the asbestos trust claim may be considered as relevant and admissible evidence.

(b)Trust claim materials that are sufficient to entitle a claim to consideration for payment under the applicable trust governance documents may be sufficient to support a jury finding that the plaintiff may have been exposed to products for which the asbestos trust was established to provide compensation and that such exposure may be a substantial factor in causing the plaintiff's injury that is at issue in the asbestos action.

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(a) If a plaintiff proceeds to trial in an asbestos action before an asbestos trust claim is resolved, the filing of the asbestos trust claim may be considered as relevant and admissible evidence.

(b) Trust claim materials that are sufficient to entitle a claim to consideration for payment under the applicable trust governance documents may be sufficient to support a jury finding that the plaintiff may have been exposed to products for which the asbestos trust was established to provide compensation and that such exposure may be a substantial factor in causing the plaintiff's injury that is at issue in the asbestos action.

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