Announcements

MLC: Payment Percentage

MLC ASBESTOS PI TRUST
c/o Wilmington Trust Company
1100 N. Market Street
Wilmington, DE 19890-1625

August 29, 2024

Section 4.2 of the Trust Distribution Procedures requires that the Trustee of the MLC Asbestos PI Trust reconsider the payment percentage no less frequently than once every three years. Accordingly, and upon the recommendation of the Trust’s advisors, the Trustee deems such reconsideration to be appropriate at this time, and has directed the Trust’s advisors to provide a report and recommendations regarding a reconsidered payment percentage.

The Trustee will re-determine the payment percentage not less than thirty (30) days from the date of this letter. Claimants that receive a release prior to the announcement of a proposed payment percentage change will have until the later of (i) the date of the proposed payment percentage change or (ii) thirty (30) days following receipt of that release to return a properly executed release in order to qualify to receive the current payment percentage. If, after the consultation and consent requirements of the TDP and Trust Agreement have been met, a revised payment percentage is adopted by the Trust that is higher than the current payment percentage, claimants who received payments based on a lower payment percentage shall receive a supplemental payment.

Please be aware that failure to return a release within thirty (30) days of receipt could adversely affect your rights.

MLC Asbestos PI Trust

CRMC: General Counsel Retirement

After 27 years of outstanding and devoted service to the Manville Trust and its beneficiaries, Jared Garelick retired from full-time general counsel responsibilities to the Trust as of July 31, 2024.  His wealth of knowledge of the Manville Trust’s history and its evolution, his helpful spirit and his keen intellect have been invaluable. We wish him the best in his retirement.

Manville: General Counsel Retirement

After 27 years of outstanding and devoted service to the Manville Trust and its beneficiaries, Jared Garelick retired from full-time general counsel responsibilities to the Trust as of July 31, 2024.  His wealth of knowledge of the Manville Trust’s history and its evolution, his helpful spirit and his keen intellect have been invaluable. We wish him the best in his retirement.

 

Shook & Fletcher: Claims Processing

The Shook & Fletcher Asbestos Settlement Trust (the “Trust”) is pleased to announce that, starting June 1, 2024, Claims Resolution Management Corporation (“CRMC”) will serve as the claims processing facility for the Trust. The Trust’s current claims processor is Verus LLC (“Verus”); Verus began processing claims for the Trust in October 2023, when it purchased the claims processing business of MFR Claims Processing, Inc., the Trust’s long-time claims processor. To effectuate the transition to CRMC, Verus will stop accepting claims against the Trust at the close of business on April 30, 2024. In order to facilitate a smooth transition to CRMC, the Trust will pause accepting claims during May 2024, and CRMC will begin accepting claims for the Trust on June 1, 2024. CRMC has posted the necessary law firm filing documents to its website. There are two required documents for a firm to begin filing; the Hybrid Filer Agreement and User Administrator Form. Filing law firms should complete both documents and email them to DSnow@claimsres.com so you are ready to file on June 1. To obtain those documents, please visit the Shook Trust documents page. In the interim, if you have any questions, please contact CRMC by email at inquiry@claimsres.com or by calling (800) 536- 2722.

SPECIAL NOTICE REGARDING DEADLINES FOR FILING CLAIMS DURING MAY 2024:

Please note that section 5.2(b) of the Trust’s Claims Resolution Procedures (the “CRP”) requires that all new claims must be filed with the Trust within three (3) years of the date of diagnosis. In light of the length of time the Trust has been in operation, none of the provisions of the CRP relating to any other deadlines for filing claims or any tolling of any applicable federal, state or other statutes of limitations apply, and the three-year filing deadline is a firm deadline. The Trust understands that some claims may need to be filed before the end of May 2024 to comply with the Trust’s three-year filing deadline. Please file such claims with Versus as soon as possible, and in any event before April 30, 2024. The Trust will not be able to accept claims for filing between May 1, 2024 and June 1, 2024.

Durabla: DURABLA MANUFACTURING COMPANY AND DURABLA CANADA LTD. ASBESTOS TRUST UPDATE

The Durabla Manufacturing Company and Durabla Canada Ltd. Asbestos Trust (“Trust”) has been preparing to commence accepting claims filings. The Trust faces great uncertainty in the prediction of both the number and severity of claims that will be filed and the amount of assets available to pay those claims. Because of this uncertainty, the Trust Distribution Procedures were amended, after consultation with, and with the consent of, the TAC[1] and FCR[2] , to provide for an initial three-year and six-month period during which the Trust will receive claims for filing (the “Initial Intake Period”). During the Initial Intake Period, no claims will be processed or paid.

The initial Intake Period began on September 8, 2020 and will therefore end on March 8, 2024 at the close of business. At the conclusion of the Initial Intake Period, the Trust will determine the payment percentage and consider any additional actions necessary to fulfill the purposes of the Trust. A claims processing fee may be required prior to the processing of any filed claims. Should you need to file a claim to toll the relevant Statute of Limitations you must do so by the close of business on March 8, 2024. Please note that if you wish to file those claims via Simple Batch you will need to provide a test batch to CRMC for approval which may take some time. For additional information, click here.

As noted in a prior announcement just a minimal set of data is required to file with the Trust at this time.  An SOL tolling date is set once the data has been saved. You will see that date on the Claim Detail Page. Once the payment percentage has been determined the Trust will work with CRMC to develop the policies and procedures for the Trust and to modify the Eclaims system to accommodate Durabla claims. We will keep you updated throughout this process so please check the CRMC website regularly.

[1] 1 Capitalized terms not defined herein shall have the meaning ascribed to them in the Trust Agreement and the Trust Distribution Procedures.,

[2] Pursuant to Sections 2.2(f)(xii), 5.7, and 6.6 of the Trust Agreement.

NARCO: Claims Processing Updates Related to Timing of Submission for Proof of Personal Representative’s Official Capacity

eClaims has been updated to allow claims to be reviewed for exposure, medical and statute of limitations purposes and receive an offer prior to the submission of the appropriate Certificate of Capacity documentation. To the extent Certificate of Capacity documentation is required, any offer on the claim is contingent upon receipt of both the signed release and the appropriate Certificate of Capacity documentation. The claim will not be paid until the appropriate Certificate of Capacity documentation is provided. 

NARCO: Update to Trust’s Policy on Proof of Personal Representative’s Official Capacity for Deceased Claimants

The NARCO Trust has revised its policy on acceptable documentation for proof of the personal representative’s official capacity for deceased claimants. The NARCO Trust will continue to accept Letters Testamentary/Letters of Administration or other proof of the personal representative’s official capacity as provided or allowed by applicable state law.  Alternatively, the NARCO Trust will now accept the submission of the Affidavit of Decedent’s Representative and the Law Firm/Attorney’s Representation Affirming Official Representative’s Authority as proof of the personal representative’s official capacity.  To be clear, submitting one form and not the other form will not be sufficient – both forms must be submitted to satisfy the requirement.  The forms for the Affidavit of Decedent’s Representative and the Law Firm/Attorney’s Representation Affirming Official Representative’s Authority can be found on the NARCO Trust’s Documents Page.