2020 Iowa Code
Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES
Chapter 686B - ASBESTOS AND SILICA CLAIMS PRIORITIES
Section 686B.8 - Statute of limitations — two-disease rule.
686B.8 Statute of limitations — two-disease rule.
1. With respect to an asbestos action or silica action not barred by limitations as of July 1, 2017, an exposed person’s cause of action shall not accrue, nor shall the running of limitations commence, prior to the earliest of the following:
a. The exposed person received a medical diagnosis of an asbestos-related impairment or silica-related impairment.
b. The exposed person discovered facts that would have led a reasonable person to obtain a medical diagnosis with respect to the existence of an asbestos-related impairment or silica-related impairment.
c. The date of death of the exposed person having an asbestos-related impairment or silica-related impairment.
2. This section shall not be construed to revive or extend limitations with respect to any claim for asbestos-related impairment or silica-related impairment that was otherwise time-barred as of July 1, 2017.
3. An asbestos action or silica action arising out of a nonmalignant condition shall be a distinct cause of action from an action for an asbestos-related cancer or silica-related cancer. Where otherwise permitted under state law, no damages shall be awarded for fear or increased risk of future disease in an asbestos action or silica action.
2017 Acts, ch 11, §17
