10 Asbestos Settlement That Are Unexpected
Asbestos Bankruptcy Trusts
Generally asbestos bankruptcy trusts are created by companies that have filed for bankruptcy. They pay personal injury claims of asbestos exposure victims. At least 56 asbestos bankruptcy trusts have been established since the mid-1970s.
Armstrong World Industries Asbestos Trust
Armstrong World Industries was founded in 1890 in Pittsburgh. It is the largest wine cork maker in the world. It employs over 3000 people and has 26 manufacturing locations around the world.
The company used asbestos in a variety items, including insulation, tiles as well as vinyl flooring and tiles during its early years. This meant that workers were exposed to asbestos substance, which can lead to serious health problems such as mesothelioma, lung cancer and asbestosis.
The asbestos-containing products of the company were widely used in commercial, residential as well as military construction industries. Many Armstrong workers were exposed to asbestos, resulting in asbestos-related diseases.
Although bristol asbestos is a mineral that occurs naturally but it is not a safe material for humans to eat. It is also widely used as a material for fireproofing. Companies have established trusts to compensate victims of the dangers of asbestos.
A trust was established to compensate victims of Armstrong World Industries' bankruptcy. The trust was able to pay out more than 200,000 claims in the first two years. The total amount of compensation was greater than $2 billion.
The trust is managed by Armor TPG Holdings, a private equity firm. The company held more than 25% of the fund at the beginning of 2013.
According to the Asbestos Victims Compensation Trust the company was responsible for more that $1 billion in personal injuries claims. The trust has more than $2 billion in reserves to pay for claims.
Celotex Asbestos Trust
In the early and mid 1980s, Celotex Corporation, a manufacturer and distributor of building materials, Falfurrias asbestos attorney was hit with an avalanche of lawsuits claiming asbestos related property damage. These claims, as well as others, falfurrias asbestos attorney demanded billions in damages.
In 1990, Celotex filed for bankruptcy protection. Its reorganization plan was a result of the creation of the Asbestos Settlement Trust to process asbestos-related claims. The Trust made a claim in the United States District Court for Middle District of Florida. Saiber L.L.C. represented the Trust.
The trust applied for protection under two policies of comprehensive excess general liability insurance. One policy offered five million dollars in coverage, while the other offered 6.6 million. Jim Walter Corporation was also requested to provide coverage. However, it found no proof that the trust was required to give notice to the excess insurers.
The Celotex Asbestos Trust filed proofs of bodily injury claims on December 31 in 2004. The trust also made a motion to set aside the special master's ruling.
Celotex had less than $7 million in primary insurance when it filedfor bankruptcy, however, it believed future asbestos litigation would affect its excess coverage. Celotex actually anticipated the need for several layers of excess insurance coverage. The bankruptcy court did not find any evidence that Celotex provided a adequate notice to its excess insurers.
The Celotex Asbestos Settlement Trust is an intricate process. It is responsible for the settlement of claims against Philip Carey (formerly Canadian Mine) as well as providing treatment for wellston asbestos-related illnesses.
It can be difficult to understand. The trust provides a user-friendly claim management tool as well an interactive website. The site also has a page dedicated to claim inaccuracies.
Christy Refractories Asbestos Trust
Christy Refractories originally had an insurance pool of $45 million. The company filed for bankruptcy in 2010 however. The filing was filed to settle asbestos lawsuits. Christy Refractories' insurers have been paying asbestos claims around $1 million per month since the time of filing.
There have been over 20 billion dollars paid out from asbestos trust funds since the late 1980s. These funds can be used to cover lost income as well as therapy costs. The funds that are included in these are the Western MacArthur Trust, the M.H. Detrick Asbestos Trust, the Thorpe Insulation Settlement Trust, and the M.H. Porter Asbestos Trust.
Products of the Thorpe Company included insulation and refractory materials. Falfurrias Asbestos Attorney was also found in their products. In 2002, the company filed for Chapter 11 bankruptcy. However it was revived in the year 2006. It has handled more than 4,500 claims.
The Western MacArthur Trust paid out more than $1.1 billion in claims. The Synkoloid Company, Abex Corporation, and Pneumo Corporation all used asbestos in their products. The United States Gypsum Company used asbestos in its products.
The Utex Industries, Inc. Successor Trust has paid more than 22,000 asbestos claims. It provided sealing products to the oil industry.
The Prudential Lines Trust faced hundreds of lawsuits as well as mass tort cases and a 20-year time limit for disbursing the funds.
The Western MacArthur Asbestos Settlement Trust has paid out over $500 million in claims. It also handles Yarway claims.
The Thorpe Insulation Settlement Trust includes the Pacific Insulation Company as well as the Thorpe Insulation Company.
Federal Mogul's Asbestos PI Trust
Federal Mogul's Asbestos Personal Injury Trust was first filed in 2007. It is a trust which assists victims of asbestos exposure. Federal Mogul Asbestos PI Trust which is a bankruptcy trust offers financial compensation for asbestos-related illnesses.
The trust was first established in Pennsylvania with 400 million dollars of assets. Following the trust's creation, it paid out millions to claimants.
The trust is currently located in Southfield, MI. It is composed of three separate coffers. Each one is devoted to the handling of claims against asbestos-related entities of the Federal-Mogul group.
The main purpose of the trust is to pay financial compensation for lock haven asbestos lawyer-related illnesses among the roughly 2,000 occupations that use asbestos. The trust has already paid out more than $1 billion in claims.
The US Bankruptcy Court estimated the asbestos liabilities' value to be about $9 billion. It was also determined that creditors should maximize the value of their assets.
The Asbestos PI Trust was created in 2007. Elihu Inselbuch was a partner at the firm Caplin & Drysdale and served as the Trust attorney.
To deal with claims, the trust created Trust Distribution Procedures (or TDPs). These TDPs are designed to be fair to all claimants. They are based on the historical values for substantially identical claims in the US tort system.
Reorganization helps asbestos companies protect themselves from mesothelioma lawsuits
Every year, thousands of asbestos lawsuits are settled through the bankruptcy courts. Large corporations are now using new methods to gain access to the legal system. Reorganization is a common strategy. This allows the company's activities to continue and gives relief to creditors who aren't paid. It could also be possible to protect the company from lawsuits filed by individuals.
As an example, in an organizational reorganization, there is a trust fund for asbestos victims may be established. The funds could be paid out in the form of cash, gifts, or some combination thereof. The above reorganization consists of an initial funding proposal that is followed by an approved plan by the court. A trustee is appointed once a reorganization has been approved. This could be an individual, a bank or a third party. Generally, the most effective arrangement will cover all participants.
The reorganization does not just announce the bankruptcy courts with a new strategy, but it also reveals courts, but also provides powerful legal tools. So, it's no surprise that many companies have filed for chapter 11 bankruptcy protection. Certain asbestos companies were required to declare bankruptcy under chapter 7 in order to protect themselves. Georgia-Pacific LLC, for example was the first to file chapter 7 bankruptcy in 2009. The reason is easy. To protect itself from mesothelioma-related claims, Georgia-Pacific filed for a reorganization and rolled all its assets into one. It has been selling its most valuable assets to get control of its financial woes.
FACT Act
Currently, there is a bill in Congress that is referred to as the "Furthering Asbestos Claim Transparency Act" (FACT) that will change the way asbestos trusts work. The legislation will make it more difficult to submit fraudulent claims against asbestos trusts, and will grant defendants unlimited access to information during litigation.
The FACT Act requires asbestos trusts to publish the list of claimants in a public docket. They are also required to disclose the names of the claimants, their exposure histories, as well as the amount of compensation paid to the claimants. These reports, which are able to be viewed publicly, would help prevent fraud.
The FACT Act would also require trusts to share any other information including payment information, even if they are part of confidential settlements. In fact, the report on the FACT act by the Environmental Working Group found that 19 members of the House Judiciary Committee who voted for the bill received campaign contributions from asbestos interests.
The FACT Act is a giveaway for large asbestos companies. It also causes delays in the process of compensation. Additionally, it creates significant privacy concerns for victims. The bill is also a difficult piece of legislation.
In addition to the information that has to be released in the FACT Act, the FACT Act also prohibits the publication of social security numbers, medical records and other data protected by bankruptcy laws. The law also makes it more difficult for people to seek justice in a courtroom.
The FACT Act is a red untruth, aside from the obvious question about what compensation victims can receive. The Environmental Working Group studied the House Judiciary Committee's greatest accomplishments and found that 19 members were rewarded with campaign contributions from corporations.