(a) If a plaintiff proceeds to trial in an asbestos action before an asbestos trust claim is resolved, the filing of the asbestos trust claim may be considered as relevant and admissible evidence.
(b) Trust claim materials that are sufficient to entitle a claim to consideration for payment under the applicable trust governance documents may be sufficient to support a jury finding that the plaintiff may have been exposed to products for which the asbestos trust was established to provide compensation and that such exposure may be a substantial factor in causing the plaintiff's injury that is at issue in the asbestos action.
Structure West Virginia Code
Chapter 55. Actions, Suits and Arbitration; Judicial Sale
Article 7F. Asbestos Bankruptcy Trust Claims Transparency Act
§55-7F-2. Findings and Purpose
§55-7F-4. Required Disclosures by Plaintiff
§55-7F-5. Discovery; Use of Materials
§55-7F-6. Scheduling Trial; Stay of Action
§55-7F-7. Identification of Additional or Alternative Asbestos Trusts by Defendant
§55-7F-8. Valuation of Asbestos Trust Claims; Judicial Notice