§76-97. Filing of written report and supporting test results of prima facie showing – Expediting mesothelioma claims.
A. In any action covered by the provisions of this act, a claimant shall file together with the complaint or other initial pleading a written report and supporting test results constituting the prima facie showing required pursuant to this act. In an action where the claimant either fails to provide such prima facie evidence or […]
§76-98. Effect of act in bankruptcy cases.
Nothing in this act is intended to, and nothing in this act shall be interpreted to: 1. Affect the rights of any party in bankruptcy proceedings; or 2. Affect the ability of any person who is able to make a showing that the person satisfies the claim criteria for compensable claims or demands under a […]
§76-99. Restriction on adverse actions in regard to health benefit plans, annuities, or life insurance, as a result of meeting this act’s procedural requirements.
An entity that offers a health benefit plan or an annuity or life insurance policy or contract, issued for delivery, or renewed on or after the effective date of this act, may not use the fact that a person has met the procedural requirements of this act to reject, deny, limit, cancel, refuse to renew, […]
§76-100. Beginning of limitations period – Separate claims for nonmalignant conditions and cancer.
A. Notwithstanding any other provision of law, with respect to any asbestos or silica claim not barred as of the effective date of this act, the limitations period shall not begin to run until the exposed person or claimant discovers, or through the exercise of reasonable diligence should have discovered, that the exposed person or […]
§76-100.1. Applicability of act.
EFFECTIVE DATE. The Asbestos and Silica Claims Priorities Act shall apply to all asbestos or silica claims filed on or after the effective date of this act. The Asbestos and Silica Claims Priorities Act shall also apply to any pending asbestos or silica claims in which trial has not commenced by the effective date of […]
§76-101. Severe weather shelter – Immunity from suit.
Any entity or individual that provides access to a safe place in times of severe weather shall not be liable for any civil damages to any person using the safe place during severe weather if the entity or individual was acting in good faith and the damage or injury was not caused by the willful […]
§76-102. Short title – Innocent Successor Asbestos-Related Liability Fairness Act.
SHORT TITLE. This act shall be known and may be cited as the “Innocent Successor Asbestos-Related Liability Fairness Act”. Added by Laws 2013, 1st Ex.Sess., c. 22, § 2, emerg. eff. Sept. 10, 2013. NOTE: Text formerly resided under repealed Title 76, § 72, which was derived from Laws 2009, c. 228, § 66, which […]
§76-103. Definitions.
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 […]
§76-89. Failure to provide information – Sanctions.
FAILURE TO PROVIDE INFORMATION; SANCTIONS. A plaintiff who fails to provide all of the information required under Section 3, subsection B of Section 4 or subsection D of Section 6 of this act is subject to sanctions as provided in Sections 2011 and 3237 of Title 12 of the Oklahoma Statutes. Added by Laws 2013, […]
§76-90. Short title – Asbestos and Silica Claims Priorities Act.
This act shall be known and may be cited as the “Asbestos and Silica Claims Priorities Act”. Added by Laws 2013, 1st Ex.Sess., c. 21, § 2, emerg. eff. Sept. 10, 2013. NOTE: Text formerly resided under repealed Title 76, § 60, which was derived from Laws 2009, c. 228, § 54, which was held […]