NOTICE FROM THE NARCO ASBESTOS TRUST
June 16, 2021
The NARCO Asbestos Trust adopts the following Notice effective July 1, 2021 (which replaces and supersedes the Trust’s Notice dated April 21, 2021):
In the March 23, 2020 Notice, the Trust tolled the statute of limitations and deferral periods for 90 days. In the June 24, 2020 Notice, the Trust resumed the running of the statute of limitations and deferral periods, but extended those deadlines through August 17, 2020, and further by subsequent Notices through June 30, 2021. Please take notice that, effective August 31, 2021, extension of the statute of limitations and deferral periods will end. For the avoidance of doubt, claims that became untimely during the extension periods (with consideration of the 90-day tolling period, if applicable) will be barred if not filed by August 31, 2021 at 11:59pm EDT. Also, claims that exhausted the permitted three-year deferral time during the extension periods (with consideration of the 90-day tolling period, if applicable) will be deemed to have been withdrawn per Section 5.3 of the TDP on August 31, 2021.
NOTE: THE TRUST WILL GRANT NO FURTHER EXTENSIONS OF THE AUGUST 31, 2021 DEADLINE. IF YOU HAVE A CLAIM IMPLICATED BY THIS NOTICE, YOU MUST FILE THAT CLAIM (FOR STATUTE OF LIMITATIONS PURPOSES) OR DEAL WITH THAT CLAIM (FOR DEFERRAL PURPOSES) BY NO LATER THAN AUGUST 31, 2021 AT 11:59PM EDT.
Effective July 1, 2021, the Trust will end its temporary suspension of any requirement that certain documents submitted to the Trust be notarized. The Trust notes that a statement under penalty of perjury consistent with applicable state or federal law (whether styled as a non-notarized affidavit, sworn statement, declaration, or statement under penalty of perjury) will continue to be permitted wherever a sworn affidavit is permissible or required. For more information, see the NARCO Asbestos Trust Website for Frequently Asked Questions – “Claim Filing and Review – What is required for a document, such as an affidavit, declaration, deposition, or interrogatory, to be acceptable for consideration in support of NARCO exposure?”
Effective July 1, 2021, the Trust will end the temporary suspension of any requirement that a document be witnessed by more than one person or by a person unrelated to the signatory set forth in the Trust’s various Notices. For the avoidance of doubt, the Trust does not require and has not required that documents be witnessed by more than one person or by a person unrelated to the signatory.
Effective July 1, 2021, the Trust will accept documents signed via DocuSign or another commercially reasonable e-signature program provided the claimant’s law firm has entered an electronic filer agreement with CRMC.