Announcements

Manville: MAP

The Manville Trust has reached its Maximum Annual Payment (MAP) amount for 2017.  Therefore, any claim with a status of “Awaiting Offer Funding” will not receive payment until 2018.  Claims at this status will be carried over to 2018 and placed at the head of the FIFO payment queue. Please refer to the 2002 TDP Section H.8 for further details.

NARCO: NARCO Trust Second Amended Trust Distribution Procedures and ADR Procedures

The NARCO Asbestos Trust has posted the Second Amended North American Refractories Company Asbestos Personal Injury Settlement Trust Distribution Procedures (“Second Amended TDP”) to the NARCO Trust’s Documents page.  The Second Amended TDP incorporates into one document all the amendments to the TDP that have been adopted to date and also includes a copy of the NARCO Trust’s Alternative Dispute Resolution Procedures for NARCO Asbestos Trust Claims which can be found as attachment A to the Second Amended TDP or separately on the NARCO Trust’s Documents page.

NARCO: Claims Audit Program Update

Dear Counsel:

The Trustees of the NARCO Asbestos Personal Injury Settlement Trust (the “Trust”) write to inform you of the formation and implementation of a Trust claims audit program (“Claims Audit Program”).

TDP section 4.8(a) provides that the Trust may conduct random or other audits to verify medical and exposure information submitted to the Trust. The Claims Audit Program establishes an audit process designed to verify the information submitted to the Trust, to ensure that each law firm maintains within its claim files documentation that supports that information, and to verify that each law firm complies with the terms and conditions of the TDP and applicable electronic filing agreements regarding the reliability of medical and exposure evidence. A fuller description of the Claims Audit Program is on the Trust’s website at https://www.narcoasbestostrust.org, under “Trust Documents” in the document titled, “Claims Audit Program.”

This notice is introductory only. No claims or law firms have yet been selected for audit. Details of the Claims Audit Program are still in development. The Trust has recently retained Mazars USA LLP (“Mazars”) to conduct the audits. Mazars is the U.S. member firm of the Mazars Group – a prominent international accounting, audit, tax and advisory services organization. If any claims submitted by you on behalf of your clients are selected for audit, you will receive a separate notification from Mazars along with more detailed information. Please be assured that Mazars recognizes the confidential nature of claim files and the need for secure transmission of claims information. Mazars will establish a secure website for such audits. Process guides and training tools will be available on the Mazars website.

In the meantime, if you have any questions about the Claims Audit Program, please contact Mazars at: narco@mazars.co.uk.

Kind regards,

Honorable Ken M. Kawaichi, Ret.
Mark M. Gleason
Richard B. Schiro
Trustees of the NARCO Asbestos Personal Injury Settlement Trust

NARCO: Notice to Holders of Deferred or Withdrawn Claims

The NARCO Asbestos Trust (the “Trust”) adopted new directives relating to form affidavits.  Please consult the Trust’s Form Affidavits Policy as posted on June 9, 2017 at http://www.claimsres.com/2017/06/09/narco-exposure-allegations/  the Directives Regarding Form Affidavits and Conditional Language posted on June 15, 2017 at http://www.claimsres.com/wp-content/uploads/2017/06/Directives-re-Form-and-Conditional.pdf for more details, and a webinar on the topic available here.  Withdrawn or deferred claims will not be re-reviewed by the Trust unless and until a filer takes further action. A subsequent notice will be sent to any filer with deferred and withdrawn claims.  Please contact NarcoInquiry@claimsres.com with any questions.

NARCO: Form Affidavits Policy as of June 9, 2017

The NARCO Trust will not consider exposure allegations in form affidavits (as defined below) submitted on or after October 1, 2017 absent exceptional circumstances.  The NARCO Trust will consider exposure allegations in form affidavits submitted on or prior to September 30, 2017 and executed by: (a) injured parties with a diagnosis of Mesothelioma, (b) dead or incapacitated occupationally exposed injured parties, or (c) dead or incapacitated co-workers of occupationally exposed dead or incapacitated injured parties.  Incapacity is determined by reference to state law.

A “form” affidavit is an affidavit that contains exposure allegations that use identical descriptive language as the language contained in other exposure affidavits submitted to the Trust.  Ultimately, it is the Trustees’ decision in an exercise of their discretion whether an affidavit is a “form” affidavit that lacks sufficient indicia of reliability to be considered by the claims processor.

To the extent you have a “form” affidavit pending with the NARCO Trust and you are able to supplement and file a non-form affidavit, all claimants are encouraged to do so.