Bill Text: AZ HB2603 | 2015 | Fifty-second Legislature 1st Regular | Introduced
Bill Title: Personal injury action; asbestos; requirements
Spectrum: Partisan Bill (Republican 9-0)
Status: (Passed) 2015-04-09 - Chapter 246 [HB2603 Detail]
Download: Arizona-2015-HB2603-Introduced.html
|
REFERENCE TITLE: personal injury action; asbestos; requirements |
|
State of Arizona House of Representatives Fifty-second Legislature First Regular Session 2015
|
|
HB 2603 |
|
|
|
Introduced by Representatives Borrelli, Stevens: Campbell, Carter, Gray, Lovas, Mitchell, Montenegro, Olson
|
AN ACT
amending title 12, chapter 6, Arizona Revised Statutes, by adding article 19; relating to asbestos related personal injury actions.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 12, chapter 6, Arizona Revised Statutes, is amended by adding article 19, to read:
ARTICLE 19. ASBESTOS EXPOSURE RELATED PERSONAL INJURY CLAIMS
12-782. Asbestos exposure related claims; disclosures; discovery; mandatory claims; stay of proceedings; assignment of rights and claims; remedies; definitions
A. Within forty‑five days after the effective date of this section or within forty‑five days after joinder of issues in an action that is subject to this section, whichever is later, the plaintiff shall provide to all parties a sworn statement identifying each personal injury claim that the plaintiff has filed or reasonably anticipates filing against an asbestos trust. The statement for each claim shall include the name, address and contact information for the asbestos trust, the amount claimed by the plaintiff, the date that the plaintiff filed the claim, the disposition of the claim and whether there has been a request to defer, delay, suspend or toll the claim against the asbestos trust.
B. Within sixty days after the effective date of this section or within sixty days after joinder of issues in an action that is subject to this section, whichever is later, the plaintiff shall provide to all parties all of the following:
1. For each personal injury claim that the plaintiff has filed against an asbestos trust, a copy of the final executed proof of claim, all trust documents, including trust claims materials, trust governance documents, any documents reflecting the current status of the claim and, if the claim is settled, all documents relating to the settlement of the claim.
2. A list of each personal injury claim that the plaintiff reasonably anticipates filing against an asbestos trust, including the name, address, and contact information for the asbestos trust and the amount that the plaintiff anticipates claiming against the asbestos trust.
C. The plaintiff shall supplement the information and materials that are provided under subsections A and B of this section within thirty days after the plaintiff files an additional claim or receives additional information or documents related to any claim that the plaintiff makes against an asbestos trust.
D. Trust claims materials and trust governance documents are admissible in evidence. Claims of privilege do not apply to trust claims materials or trust governance documents.
E. A defendant in a personal injury claim may seek discovery against an asbestos trust identified under subsections A, B, C, F, G, H, I and J of this section. The plaintiff may not claim privilege or confidentiality to bar discovery and the plaintiff shall provide consents or other expression of permission that may be required by the asbestos trust to release information and materials sought by the defendant.
F. If any defendant identifies an asbestos trust not named by the plaintiff against which the defendant reasonably believes the plaintiff should file a claim, on motion by the defendant, the court shall determine whether to order the plaintiff to file a claim against the asbestos trust. The defendant shall provide all documentation it possesses or is aware of in support of the motion.
G. The court shall establish a deadline for filing a motion under subsection F of this section. Any deadline that is established pursuant to this subsection must afford the parties an adequate opportunity to investigate the defendant's claims.
H. If the court orders the plaintiff to file a claim with the asbestos trust, the court shall stay the immediate action until the plaintiff swears or affirms that the plaintiff has filed the claim against the asbestos trust and the plaintiff provides to the court and to all parties a final executed proof of claim and all other trust claims materials relevant to each claim the plaintiff has against an asbestos trust.
I. The court may allow additional time for discovery or may stay the proceedings for other good cause shown.
J. Not less than thirty days before trial, the court shall enter into the record a trust claims document that identifies each personal injury claim the plaintiff has made against an asbestos trust.
K. Trust claims 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 trust was established to provide compensation and that the exposure may be a substantial factor in causing the plaintiff's injury that is at issue in the action.
L. A plaintiff who fails to timely provide all of the information required under subsections A, B, C, F, G, H, I and J of this section is subject to sections 12‑349 and 12‑3201 and any other sanction that the court orders.
M. For the purposes of this section:
1. "Asbestos trust" means a trust, qualified settlement fund, compensation fund or claims facility that is created as a result of an administrative or legal action, bankruptcy, agreement or other settlement or pursuant to 11 United States Code section 524(g) and that is intended to provide compensation to claimants alleging personal injury claims as a result of harm, also potentially compensable in the immediate action, for which the entity creating the trust, qualified settlement fund, compensation fund or claims facility is alleged to be responsible.
2. "Personal injury claim" means any claim for damages, loss, indemnification, contribution, restitution or other relief, including punitive damages, that is related to bodily injury or another harm, including loss of consortium, society or companionship, loss of support, personal injury or death, mental or emotional injury, risk or fear of disease or other injury or costs of medical monitoring or surveillance and that is allegedly caused by or related to the claimant's exposure to asbestos, and includes a claim made by or on behalf of the person who claims the injury or harm or by or on behalf of the person's representative, spouse, parent, minor child or other relative. Personal injury claim does not include a claim for compensatory benefits pursuant to worker's compensation or veterans benefits.
3. "Trust claims materials" means all documents and information relevant or related to a pending or potential claim against an asbestos trust and includes claims forms and supplementary materials, proofs of claim, affidavits, depositions and trial testimony, work history and medical and health records.
4. "Trust governance document" means any document that determines eligibility and payment levels, including claims payment matrices, trust distribution procedures or plans for reorganization, for an asbestos trust.
Sec. 2. Applicability
This act applies to actions filed on or after the effective date of this act.
