Section 6-5-680 Definitions. For the purposes of this article, the following words shall have the following meanings: (1) ASBESTOS CLAIM. 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, […]
Section 6-5-681 Applicability of limitations. (a) The limitations in Section 6-5-682 apply to a corporation that is a successor and became a successor before January 1, 1972, or is any of that successor corporation’s successors. (b) The limitations in Section 6-5-682 do not apply to: (1) Workers’ compensation benefits paid by or on behalf of […]
Section 6-5-682 Limitations of liability. (a) Except as further limited in subsection (b), the cumulative successor asbestos-related liabilities of a corporation are limited to the fair market value of the total gross assets of the transferor determined as of the time of the merger or consolidation. The corporation does not have any responsibility for successor […]
Section 6-5-683 Fair market value of total gross assets. (a) A corporation may establish the fair market value of total gross assets for the purpose of the limitations under Section 6-5-682 through any method reasonable under the circumstances, including either of the following: (1) By reference to the going concern value of the assets or […]
Section 6-5-684 Adjustment of fair market value of total gross assets. (a) Except as provided in subsections (b), (c), and (d), the fair market value of total gross assets at the time of a merger or consolidation shall increase annually at a rate equal to the sum of: (1) The prime rate as listed in […]
Section 6-5-685 Application of article. This article shall apply to any civil action asserting an asbestos claim in which the trial has not commenced as of September 1, 2011. (Act 2011-545, p. 1001, §6.)
