NARCO: IR Claim Form Asbestos-Related Litigation History Documentation Requirements

The NARCO Asbestos Trust writes to remind you of the documentation requirements contained in Part 4 of the IR Claim Form. If you answer “Yes”, to the question “Has an asbestos-related lawsuit or claim ever been filed on behalf of the injured party?”, you must complete Part 4 of the IR Claim Form. In addition, for every asbestos-legal action filed on behalf of the injured party, the claimant and the claimant’s law firm must attach to the Claim Form:

  1. the file-stamped copy of the complaint, as amended,
  2. any standard disclosures or interrogatories and the answers thereto required by the applicable jurisdiction, and
  3. any affidavits or deposition testimony submitted by or on behalf of the injured

To the extent that affidavits or depositions from a person other than the injured party include information that bears on an injured party’s exposure to a NARCO asbestos-containing product (whether or not the affidavits or depositions mentioned NARCO) and were submitted on behalf of the injured party to a court, an insurance company, or an asbestos defendant in the tort system in an effort to support an asbestos claim, those affidavits and depositions must also be submitted. Such affidavits and depositions must be submitted regardless of whether they tend to support the claim of exposure to a NARCO asbestos-containing product. Affidavits and depositions that do not relate to the time period of the injured party’s exposure to a NARCO asbestos-containing product do not have to be submitted to the NARCO Trust, unless the affidavit or deposition: (1) names the injured party; and (2) contradicts the evidence of the injured party’s exposure to a NARCO asbestos-containing product. Affidavits that were submitted to other asbestos trusts only do not have to be submitted to the NARCO Trust.

The above documentation requirements are mandatory. Please see the Part 4, Subpart A: Litigation History section of the Instructions for Completing the NARCO Asbestos Trust Proof of Claim Form for Unliquidated Claims to be Processed under Individual Review for more detail regarding the documentation requirements.