In any asbestos action in which damages are awarded, a defendant is entitled to a setoff or credit in the amount of the valuation established under the applicable trust governance documents, including payment percentages for asbestos trust claims pending at trial and any amount the plaintiff has been awarded from an asbestos trust claim that has been identified at the time of trial. If multiple defendants are found liable for damages, the court shall distribute the amount of setoff or credit proportionally between the defendants, according to the liability of each defendant.
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