2018 Michigan Compiled Laws
Chapter 600 - Revised Judicature Act of 1961
Act 236 of 1961 REVISED JUDICATURE ACT OF 1961 (600.101 - 600.9948)
236-1961-30A CHAPTER 30A ASBESTOS BANKRUPTCY TRUST CLAIMS TRANSPARENCY ACT (600.3010...600.3016)
Section 600.3011 Definitions.
Sec. 3011.
As used in this chapter:
(a) "Asbestos" means chrysotile, amosite, crocidolite, tremolite asbestos, anthophyllite asbestos, actinolite asbestos, asbestiform winchite, asbestiform richterite, asbestiform amphibole minerals, and any of these minerals that have been chemically treated or altered.
(b) "Asbestos action" means a claim for damages or other civil or equitable relief presented in a civil action that arises out of, is based on, or is related to the health effects of exposure to asbestos, and any other derivative claim made by or on behalf of an individual exposed to asbestos or a representative, spouse, parent, child, or other relative of the individual.
(c) "Asbestos trust" means a government-approved or court-approved trust, qualified settlement fund, compensation fund, or claims facility that is created as a result of an administrative or legal action, a court-approved bankruptcy, or under 11 USC 524(g), 11 USC 1121(a), or another applicable provision of law and that is intended to provide compensation to claimants arising out of, based on, or related to the health effects of exposure to asbestos.
(d) "Person" means an individual, partnership, corporation, association, governmental entity, or other legal entity.
(e) "Plaintiff" means the person bringing the asbestos action, including a personal representative if the asbestos action is brought by an estate, or a conservator or next friend if the asbestos action is brought on behalf of a minor or legally incapacitated individual.
(f) "Trust claims materials" means a final executed proof of claim and all other documents and information related to a claim against an asbestos trust, including claims forms and supplementary materials, affidavits, depositions and trial testimony, work history, and medical and health records, all documents that reflect the status of a claim against an asbestos trust, and, if the trust claim has settled, all documents that relate to the settlement of the trust claim.
(g) "Trust governance documents" means all documents that relate to eligibility and payment levels, including claims payment matrices, trust distribution procedures, and plans for reorganization, for an asbestos trust.
History: Add. 2018, Act 100, Imd. Eff. Apr. 2, 2018
