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AL HB180
Bill
Status
6/2/2011
Primary Sponsor
Jack Williams
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AI Summary
HB180 Summary
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Limits successor corporation liability for asbestos-related claims to the fair market value of total gross assets of the merged or consolidated corporation on the merger or consolidation date.
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Applies to corporations that became successors before January 1, 1972, and their subsequent successors; excludes workers' compensation benefits, insurers, National Labor Relations Act obligations, and corporations that continued asbestos-related businesses.
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Fair market value can be established through going concern value, arm's length transaction price, or balance sheet values and includes intangible assets and applicable liability insurance coverage.
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Increases the fair market value annually by the prime rate plus one percent (non-compounded) until cumulative asbestos-related liabilities paid exceed the adjusted value; insurance coverage is not adjusted annually.
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Takes effect the first day of the third month following passage and applies only to asbestos claims where trial has not commenced as of the effective date.
Legislative Description
Asbestos claims, damages of successor corporations limited to fair market value of total gross assets at time of merger or consolidation
Civil Procedure
Last Action
Forwarded to Governor at 6:50 p.m. on June 2, 2011.
6/2/2011