Policy Changes – COVID 2019
Temporary Policy Changes Regarding (a) Release Signatures and (b) Enforcement of Time Limitations
The Manville Trust’s current policy is that a release must be signed by the injured party or personal representative and notarized by a notary or witnessed by two individuals not related by blood or marriage.
The Trustees of the Manville Trust are aware that these are difficult and unusual times. Some filers may not be able to meet the requirements for certain Trust claims due to illness, quarantine or shelter in place orders. Therefore, for the next 120 days from the date of this notice or until further notice by the Trust, whichever occurs later, the following temporary policies will be in place.
- A release document may be signed by the Injured Party or Personal Representative (when the injured party is deceased) and one witness who may be related by blood or marriage.
- The timeframe for responding to notices of offer, deficiency, deactivation, and withdrawal has been tolled.
- The statute of limitations period for filing a claim is tolled.
These policy changes are the result of the current pandemic crisis and are designed to provide temporary measures to assure claimants that claims handling will continue during the crisis.
Permanent Policy Changes Regarding Electronic Signatures:
- The Trust will accept any document requiring a signature that has been signed utilizing DocuSign or other electronic signature software provided the law firm has an electronic filer agreement on file with CRMC.
- The Trust is adding language at the end of the release so that the release need not be notarized or witnessed. A notice will be sent once this change is in place.
CRMC rolled out a bulk actions tool which allows users to perform an action for a list of claimIDs if their security allows for that action. This new feature hangs from the Claims tab and is labeled Bulk Actions. The actions that can be performed include: accept offers, reactivate and accept last offer, reactivate and elect re-review, withdraw or delete, remove claim from deferral, defer a claim, and elect recategorization. Permissions are based on the law firm user’s permissions for the particular Trust and the Trust’s requirements according to their individual TDP’s. The eClaims user guide has been updated and walks through this new feature in detail.
The Manville TDP was amended by adding a new sentence to the end of Section H.8, providing that excess Maximum Annual Payment funds remaining at the end of a year will roll over and be available to pay claims in the following year.
Effective July 31st, 2019, Maggie Baumgardner is no longer employed with CRMC. Please direct all your inquiries for the ACRF to firstname.lastname@example.org or (303) 364-8158.
The Manville Trust has reached its Maximum Annual Payment (MAP) amount for 2019. Therefore, any claim with a status of “Awaiting Offer Funding” will not receive payment until 2020. Claims at this status will be carried over to 2020 and placed at the head of the FIFO payment queue. Please refer to the 2002 TDP Section H.8 for further details.
NARCO ASBESTOS TRUST
NOTICE TO HOLDERS OF ANNUAL CONTRIBUTION CLAIMS
TIMING OF PAYMENTS
To date, the NARCO Asbestos Trust (the “Trust”) has paid holders of Annual Contribution Claims from funds received from dividends paid on the Trust’s holdings of 79% of the stock of Harbison Walker International (“HWI”) and from investments of the dividends. The Trust projects that it will exhaust those funds during the Third Quarter of 2019. Upon exhaustion of those funds, the Trust will pay holders of Annual Contribution Claims based on the schedule and process provided in Section 2.3 (c) of the NARCO Asbestos Trust Agreement.
Following the end of each calendar quarter, the Trust provides Honeywell International Inc. with notice of the claims entered in the Annual Contribution Claims Fund Payment Queue during the quarter. The Trust includes in the notice the funds received by the Trust from the Trust’s holdings in HWI available to pay Annual Contribution Claims. Thirty days after receipt of the notice, Honeywell is obligated to deliver to the Trust funds, as stated in the notice, sufficient to pay the Annual Contribution Claims in the Annual Contribution Claims Fund Payment Queue less amounts, if any, held by the Trust from the Trust’s holdings and subject to annual caps specified in the Trust Agreement.
Honeywell will be given the regular notice of claims entered in the Annual Contribution Claims Fund Payment Queue in the Third Quarter of 2019 during the first week of October. Honeywell will be obligated to transfer the requisite funds thirty days thereafter, that is, in early November. Holders of Annual Contribution Claims entered in the Annual Contribution Claims Fund Payment Queue in the Third Quarter should expect payments in mid- November.
Holders of claims entered in the Annual Contribution Claims Fund Payment Queue in subsequent calendar quarters should expect payments in the second month following the end of the calendar quarter in which their claims were entered in the Payment Queue.
eClaims has been updated to allow claims to be reviewed for exposure, medical and statute of limitations purposes prior to the submission of a Certificate of Capacity Document. To the extent a Certificate of Capacity Document is required, an offer will not be issued until an acceptable document is submitted to the Trust. Certain claims’ statuses have been updated to allow for the further processing of claims affected by this update.
eClaims has been updated to allow claims to be processed for exposure, medical and statute of limitations purposes prior to the submission of an IR Part 4 Affirmation. To the extent an IR Part 4 Affirmation is required, an offer will not be issued until an acceptable affirmation is submitted to the Trust. Certain claims’ statuses have been updated to allow for the further processing of claims affected by this update.
Per Manville’s TDP, the Trust’s distribution to all claimants for the first nine months of a year shall not exceed 85% of the Maximum Annual Payment (MAP) determined for that year. Manville has reached this limit for 2019. Therefore, any claim with a status of “Awaiting Offer Funding” will not receive payment until October of 2019. Please refer to the 2002 TDP Section H.8 for further details.
A notice was posted regarding the timing of payments, click here to view that document.