Category: NARCO

The NARCO Asbestos Trust (the “Trust”) will pay holders of Annual Contribution Claims on a monthly basis starting in August 2021 as a result of the Trust’s receipt of dividends paid on the Trust’s holdings of 79% of the stock of Harbison Walker International (“HWI”) and from investments of the dividends.

When the Trust exhausts those funds, the Trust will pay holders of Annual Contribution Claims based on the schedule and process in Section 2.3 (c) of the NARCO Asbestos Trust Agreement.

SECOND NOTICE: 34 DAYS UNTIL EXPIRATION
  
IMPORTANT NOTICE
Expiration of Temporary COVID-19 Policy
NARCO Asbestos Trust
PLEASE READ CAREFULLY

Effective August 31, 2021, extension of the statute of limitations and deferral periods under the Temporary COVID-19 Policy will end. The full notice can be reviewed at: https://www.claimsres.com/wp-content/uploads/NARCO-June-Notice-re-COVID-19-Final-for-Implementation.pdf

NOTHING IN THIS COMMUNICATION IS LEGAL ADVICE OR MAY BE CONSTRUED AS LEGAL ADVICE. EACH CLAIMANT OR CLAIMANT’S COUNSEL IS RESPONSIBLE FOR DETERMINING WHAT IT MUST DO TO COMPLY WITH THE NARCO TRUST’S FILING REQUIREMENTS.

As the expiration of the COVID extension approaches, please note the Trust’s submission and documentation requirements to toll the running of the applicable statute of limitations for a claim based on a filing with the NARCO Asbestos Trust.  These requirements can be found in paragraph 1 of page 2 of the Supplemental Notice of NARCO Asbestos Trust Filing Deadlines – 11/7/16 document (http://www.claimsres.com/wp-content/uploads/2016/09/Notice-re-NARCO-Filing-Deadline-Requirements.pdf).

If you are uncertain whether a given claim has provided sufficient documentation and/or Proof of Claim Form information to toll the running of the applicable statute of limitations for a claim based on the filing with the Trust, you can confirm using the Claimant Locator feature in eClaims. The search results page contains a column “SOL Tolling Dt”. If no date appears under that column heading, the claim has not yet provided all the required information.

If you have additional questions, you may contact CRMC     through the message board, by email at NARCOInquiry@claimsres.com, or by telephone at 1-800-536-2722 or 703-204-9300.

Additional information regarding claims filing procedures and statute of limitations can be found on the Trust’s website.

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.

The AAA contact person for the Alternative Dispute Resolution Procedures for NARCO Asbestos Trust Claims (the “ADR Procedures”) has changed.  The NARCO Trust has updated the ADR Procedures to reflect this change.  The updated ADR Procedures are located on the NARCO Trust’s Documents Page.

The NARCO Trust’s frequently asked questions document has been updated and is available on the NARCO Trust’s Documents Page. 

In recognition of the continuing hardships resulting from the current COVID-19 pandemic, effective April 21, 2021, the NARCO Asbestos Trust adopts the following (which replaces and supersedes the Trust’s Notice dated February 24, 2021):

The Trust continues its temporary suspension of any requirement that a document submitted to the Trust be notarized. Documents may be submitted to the Trust without notarization as provided below. The Trust continues its temporary suspension of any requirement that a document be witnessed by more than one person or by a person unrelated to the signatory. Documents may be witnessed by one person who may be a family member.

Provided the claimant’s law firm has entered an electronic filer agreement with the Trust and CRMC, the Trust will continue to accept documents signed by DocuSign or by another commercially reasonable e-signature program. Claimants’ law firms should coordinate submission of documents signed by DocuSign or by another commercially reasonable e-signature program with CRMC.

Any statute of limitations deadlines and the deferral period pursuant to TDP Section5.3 are extended from March 23, 2020 (as per the notice dated March 27, 2020) through June 30, 2021. The Trust will assess whether to further extend the statute of limitations deadlines before June 15, 2021 and will give at least five business days’ notice if the Trust determines to further extend the deadlines.

If the COVID-19 pandemic presents an issue with regard to other deadlines,
claimants may defer the claim or seek reconsideration of such claim by selecting the appropriate option in eClaims.

The provisions of this Notice will expire on June 30, 2021.

The NARCO Asbestos Trust has adopted and posted the following revised claim forms and instructions. [The updated forms and instructions can be found on the NARCO Trust’s Documents page.]

•  Proof of Claim Form for Unliquidated Claims to be Processed Under Expedited Review
• Instructions for Completing the NARCO Asbestos Trust Proof of Claim Form for Unliquidated Claims to be Processed under Expedited Review
• Proof of Claim Form for Unliquidated Claims to be Processed Under Individual Review
• Instructions for Completing the NARCO Asbestos Trust Proof of Claim Form for Unliquidated Claims to be Processed under Individual Review

In recognition of the continuing hardships resulting from the current COVID-19 pandemic, effective February 24, 2021, the NARCO Asbestos Trust adopts the following (which replaces and supersedes the Trust’s Notice dated December 22, 2020):

The Trust continues its temporary suspension of any requirement that a document submitted to the Trust be notarized. Documents may be submitted to the Trust without notarization as provided below. The Trust continues its temporary suspension of any requirement that a document be witnessed by more than one person or by a person unrelated to the signatory. Documents may be witnessed by one person who may be a family member.

Provided the claimant’s law firm has entered an electronic filer agreement with the Trust and CRMC, the Trust will continue to accept documents signed by DocuSign or by another commercially reasonable e-signature program. Claimants’ law firms should coordinate submission of documents signed by DocuSign or by another commercially reasonable e-signature program with CRMC.

Any statute of limitations deadlines and the deferral period pursuant to TDP Section 5.3 are extended from March 23, 2020 (as per the notice dated March 27, 2020) through April 30, 2021. The Trust will assess whether to further extend the statute of limitations deadlines before April 15, 2021 and will give at least five business days’ notice if the Trust determines to further extend the deadlines.

If the COVID-19 pandemic presents an issue with regard to other deadlines,
claimants may defer the claim or seek reconsideration of such claim by selecting the appropriate option in eClaims.

The provisions of this Notice will expire on April 30, 2021.