Section 8368.3 – Liability
§ 8368.3. Liability. (a) Limitation.–Except as provided under subsection (c), the cumulative successor asbestos-related liability of a successor business entity shall be limited to the fair market value of the total gross assets of the transferor as of the time of the merger or consolidation with the successor business entity. (b) Responsibility.–A successor business entity […]
Section 8392 – Severability
§ 8392. Severability. If any provision of this subchapter or its application to any person or circumstance is held invalid or unenforceable, the remainder of this subchapter or the application of the provision to other persons or circumstances shall not be affected.
Section 8368.4 – Fair market value
§ 8368.4. Fair market value. (a) Establishment.–A successor business entity may establish the fair market value of total gross assets of the transferor as of the time of the merger or consolidation by any reasonable method under the circumstances, including the following: (1) By reference to the going-concern value of the assets or to the […]
Section 8368.5 – Adjustment of fair market value
§ 8368.5. Adjustment of fair market value. (a) Annual increase.–Except as provided under subsection (c), the fair market value of total gross assets of a transferor as determined under section 8368.4 (relating to fair market value) shall increase annually until the earlier of: (1) The date of the settlement, judgment or other discharge to which […]
Section 8368.6 – Applicability and construction
§ 8368.6. Applicability and construction. (a) Applicability.–This subchapter shall not apply to any of the following: (1) An asbestos claim for which the applicable period of limitation commenced on or before the effective date of this section. (2) Workers’ compensation benefits paid to an employee under the act of June 2, 1915 (P.L.736, No.338), known […]
Section 8371 – Actions on insurance policies
§ 8371. Actions on insurance policies. In an action arising under an insurance policy, if the court finds that the insurer has acted in bad faith toward the insured, the court may take all of the following actions: (1) Award interest on the amount of the claim from the date the claim was made by […]
Section 8381 – Short title of subchapter
§ 8381. Short title of subchapter. This subchapter shall be known and may be cited as the Drug Nuisance Law.
Section 8382 – Definitions
§ 8382. Definitions. The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: “Community-based organization.” Any group affiliated with or organized for the benefit of one or more communities or neighborhoods, or any group organized to benefit the quality […]
Section 8383 – Action to abate
§ 8383. Action to abate. Wherever there is reason to believe that a drug-related nuisance exists, the district attorney, the Attorney General, if requested by a district attorney, the solicitor for the county or municipality, a resident within 1,000 feet of the property, including a tenant of the property, the owner of property or any […]
Section 8384 – Complaint
§ 8384. Complaint. (a) Adverse impact.–The complaint or an affidavit attached thereto shall describe the adverse impact associated with the drug nuisance upon the surrounding neighborhood. Adverse impact includes, without limitation, the presence of any one or more of the following conditions: (1) Diminished property value. (2) Increased fear of residents to walk through and […]