Announcements

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.

NARCO: Claims Processing Policy Modifications

The NARCO Asbestos Trust (the “Trust”) previously adopted Directives Related to Exposure, as revised.  Additional revisions to those Directives have recently been adopted by the Trust.  Please consult the NARCO Trust Directives Related to Exposure – As of February 2018 (the “Directives”), for the current Directives as of this date.

Certain claims – withdrawn claims or deferred claims – will not be reviewed by the Trust pursuant to the revised Directives unless and until a filer takes certain further action. Please see below for information on how to request review of your withdrawn claim or deferred claim.  Contact Narcoinquiry@claimsres.com with any questions.

I.             Withdrawn Claims

If you want your currently withdrawn claim reviewed under the revised Directives, you must refile your withdrawn claim.

Steps to refile a withdrawn claim:

  1. Locate the claimant by entering the Claimant ID or name into the search box.
  2. Click the link under the ClaimantID.
  3. Go to the bottom of the page and select the Evaluation and NAR claim type from the drop-downs.
  4. Click Add New Claim.
  5. Complete the claim information on the screen and Save.
  6. Click the To CRMC for Processing option.
  7. Upload or copy the required documents to the claim shown on the documents tab.

II.            Deferred Claims

If you want your deferred claim reviewed under the revised Directives, you must un-defer the claim and request a re-evaluation within eClaims.

How to remove a claim from deferral:

Steps to remove a single claim from deferred status —

  1. From the claims tab in eClaims select the Deferral tab, then UnDefer Claim.
  2. If you want to undefer one claim, select the radio button next to Enter Claim ID and enter the claim ID in the space provided.
  3. Select NAR for the Trust.
  4. Click UnDefer Claim.
  5. The claim will be reset to the status prior to its deferral.
  6. To place the claim into the review queue, type the claim id in the search box.
  7. Click the O link under “Action/View” to go to the offer status page.
  8. On the Offer Screen, select the RCT-Recategorization radio button (if available) and click submit. Then go to the Claim page and select “To CRMC for Processing” at the bottom of the page to complete the request for re-review of the claim.
  9. If RCT-Recategorization is not an option on the Offer Screen, go to the Claim page and select “To CRMC for Processing” at the bottom of the page to complete the request for re-review of the claim.

Steps to remove a list of claims from a deferred status —

  1. From the claims tab in eClaims select the Deferral tab, then UnDefer Claim.
  2. Select the radio button next to Enter Filename.
  3. Click Choose File.
  4. Select a text file from your computer (A single claimid on each line.)
  5. Select NAR for the Trust.
  6. Click UnDefer Claim.
  7. The claim will be reset to the status prior to its deferral.
  8. To place each claim into the review queue, follow steps 6-9 above listed under the single claim instructions.

NARCO: Clarification Regarding Personal Representative Claim Form Requirements

              A.   If the Injured Party is deceased, or lacks capacity, you must provide certain information regarding a personal representative to complete your claim form.  If a personal representative has been appointed, you must provide the requisite information. If a personal representative has not yet been appointed, please follow the below instructions:

 Representative [required field for both ER and IR claims]:

If the Injured Party is deceased, or lacks capacity, and a personal representative has not yet been appointed, enter the first and last name of the individual anticipated to be the personal representative, or the first and last name of the individual instructing the law firm to file this claim.

 Representative Relationship [required field for IR claims only]:

If the Injured Party is deceased, or lacks capacity, and a personal representative has not yet been appointed, also provide “Representative Relationship” i.e. the relationship to the injured party of the person anticipated to be the personal representative or instructing the law firm to file the claim (relative, guardian/admin, or other with description).

              B.    The IR claim form asks for the Estate Tax ID if one is available.  See the below clarification regarding this field:

 Estate Tax ID [IR claim form, enter only if available]: If the estate has a Tax ID, it should be entered here. DO NOT enter the SSN, Int’l ID or Tax ID of the personal representative or the anticipated personal representative.

CET: Supplemental Payments

Pursuant to Section 6.2 of the Asbestos Related Claims and Demands Trust Distribution Procedures (“the TDP”), the Trustee has recently completed a re-evaluation of the Payment Percentage.  As a result of this re-evaluation, the Trustee – with the consent of the Trust Advisory Committee and the Legal Representative – has decided to increase the Payment Percentage from 35% to 50%.

The Trustee has also decided that this increase in the Payment Percentage is to be applied to all post-bankruptcy claims which were previously paid by the Trust at a lower rate.  The Trust has adopted policies and procedures requiring each previously paid claimant or the claimant’s counsel to affirmatively accept the supplemental payment before a check will be issued.   Please refer to the “Supplemental Payment Policies and Procedures” memo posted on the Documents page of the website (http://www.claimsres.com/DocumentsCET.aspx) for further details.