The following modification to the Thorpe Insulation Land Site List were approved at the March 16, 2017 Trustees' meeting:
Harbor Boat Building - Terminal Island
PLEASE TAKE NOTICE that a hearing on the motion to approve Thorpe Insulation Settlement Trust’s Sixth Annual Report and Accounting is scheduled for Wednesday, June 8, 2016 at 2:00 p.m. before United States Bankruptcy Court Judge, the Honorable Sheri Bluebond, at the United States Bankruptcy Court for the Central District of California, Los Angeles Division, located at 255 East Temple Street, 14th Floor, Los Angeles, California 90012 in Courtroom 1475.
Any requests for revisions to Trust policies or procedures, physician certification, modifications to an approved list, and/or TDP/Matrix interpretations or questions to be considered during the September 2016 Trustees' meeting must be received by the Trust on or before Friday, August 5, 2016.
The schedule for requests to be considered at future Trustees' meetings is as follows:
Trustees’ Meeting Deadline for Requests
November 2016 Friday, October 7, 2016
February 2017 Friday. January 6, 2017
April 2017 Friday, March 10, 2017
September 2017 Friday, August 11, 2017
November 2017 Friday, October 6, 2017
The Trustees, with the consent of the TAC and the Futures Representative, have increased the Funds Received Ratio from 30.5% to 43.6% of the total liquidated claim value. After necessary updates to the claims processing system and payment procedures have been completed, claims will be paid in accordance with this change. All eligible previously paid claims, including pre-petition liquidated claims, should receive the additional amounts due as a result of this Funds Received Ratio increase by the end of May, 2016.
June 22, 2015 is the last day the Trusts will be able to process claim offers, releases and payments in the current claim processing system. Please send all signed releases to each of the Trusts before this date. If, for some reason, releases are not received by this date, the releases will be processed in the new system which will mean an approximate six week delay.
June 26, 2015 is the last day you may submit new claims or resubmit claims through the existing site to the existing system. At 5:00 p.m. Pacific Daylight Savings Time on Friday, the Trusts will close access to the existing claim processing system for all submitting firms. However, if you have a claim that has a potential statute of limitations issue, please submit your claim to the appropriate Trust in paper format to the following address:
Attn: Laura Paul
300 East Second Street, Suite 1410
Reno, Nevada 89501
Please note that between June 26, 2015 and July 20, 2015 firms may submit paper claims if they so choose.
June 29, 2015 Prior to this date, the Trusts will send out firm reports which will include the status of all the claims submitted by your firm. Once you receive the reports, we ask that you immediately compare your firm report to your database and let us know if any claim is not accounted for within the report you receive.
July 13, 2015 the Trust staff will begin data entry on the Trust side of the new system. If your firm has not previously worked with and/or filed claims with a Web based system and is interested in training, please let us know. Once we begin to accept claims we will set up go-to-meetings for individual firm training.
July 20, 2015 is the day the Trusts plan to begin accepting new claims and resubmissions of pending claims in the new system.
August 2015 the Trusts are planning on making claim payments within the first few weeks of August for releases received after June 22, 2015.
The Trusts appreciate all your patience and assistance as we change our filing system. We believe and hope that the changes will allow each firm to view its claims online, as well as run reports concerning claims.
Please feel free to contact Laura Paul directly concerning claims, dates or any other concerns you may have with claim processing. The Trusts will continue to notify each firm as we get closer to July 20, 2015.
Modifications to the Thorpe Insulation Ships Repaired List were approved at the April 16, 2015 Trustees' meeting. The modified list has been posted on the Claims Page.
PLEASE TAKE NOTICE that a hearing on the motion to approve Thorpe Insulation Settlement Trust’s Fifth Annual Report and Accounting is scheduled for Wednesday, June 3, 2015 at 2:00 p.m. before United States Bankruptcy Court Judge, the Honorable Sheri Bluebond, at the United States Bankruptcy Court for the Central District of California, Los Angeles Division, located at 255 East Temple Street, Los Angeles, California 90012 in Courtroom 1475.
Any requests for revisions to Trust policies or procedures, physician certification, modifications to an approved list, and/or TDP/Matrix interpretations or questions to be considered during the September 2015 Trustees' meeting must be received by the Trust on or before Monday, August 10, 2015.
The following notification was sent on this date to firms which submit, and may in the future submit, claims to the Trust.
On behalf of the Western Asbestos Settlement Trust, J.T. Thorpe Settlement Trust, Thorpe Insulation Settlement Trust, and the Plant Asbestos Settlement Trust (collectively “Trusts”), we are writing to all attorneys and firms who regularly submit, and may in the future submit, claims to these Trusts to request your cooperation with the Trusts’ ongoing effort to insure that only reliable evidence is provided in support of claims.
As you likely know from the Trusts' websites, issues in litigation concerning Michael J. Mandelbrot and the Mandelbrot Law Firm were reduced to judgment in 2014. (See the attached copies of the Judgment and some of the related documents.)
In discharging Trust responsibilities to scrutinize all evidence for reliability, and in light of recent information that Mr. Mandelbrot has continued to be actively involved, we are asking that your firm confirm to the Trust that the evidence you are submitting is in compliance with the Court Order, and especially to inform the Trust if and, if so, where Mr. Mandelbrot has been involved in preparation of evidence submitted under oath or affirmation in support of claims. Most specifically, we are reviewing declaration and interrogatory evidence concerning exposure. If you have questions that you would like to discuss with the Trust, please email or call us. We are following up at this time informally to determine if further investigation and/or audits will be required.
The Trusts have worked with their information technology professionals to set up new procedures for filing claims electronically. It is anticipated that between now and the end of July those processes will be put in place. If you are a current filer of claims with the Trusts, you will receive an email and/or phone call from the Trusts to give you instructions on the new web based filing procedures.
The January 23, 2014 stipulation and agreement between the Trust and Michael J. Mandelbrot and the Mandelbrot Law Firm (collectively “Mandelbrot”) requires Mandelbrot to transfer all claims to substitute counsel on or before July 23, 2014.
The Trust will transfer claims filed by Mandelbrot to substitute counsel upon receipt of a written representation from Mandelbrot consenting to the transfer of each affected claim, as well as a written representation from substitute counsel accepting the transfer.
The Trust will transfer claims to counsel providing to the Trust a written representation and warranty that it possesses the client’s authorization to accept the transfer and handle the claim. To avoid doubt, counsel are encouraged to include copies of pertinent client authorization(s).
Where the representation and warranty does not show it has been copied to Mandelbrot (Michael J. Mandelbrot c/o The Mandelbrot Law Firm, 505 A San Martin Drive, Suite 200, Novato, California 94945), the Trust will promptly forward such representations and warranties to Mandelbrot. Absent objection supported by reliable evidence of a lack of client authorization, the Trust will modify its records to reflect transfer of claims to the counsel representing and warranting that it possesses client authorization within fifteen days.
The Trusts have received inquiries requesting a copy of the May 24, 2013, letter referred to in the Bankruptcy Court's Findings of Fact and Conclusions of Law entered in the Declaratory Relief Adversary Proceedings filed by the J.T. Thorpe Settlement Trust and the Thorpe Insulation Settlement Trust regarding the Trusts’ conduct in investigating Michael J. Mandelbrot and the Mandelbrot Law Firm. Based on these requests, the Trusts are posting the May 24, 2013, letter on their Web sites.
Modifications to the Trust Distribution Procedures and Case Valuation Matrix were approved by the Trustees, with the consent of the Futures Representative and Trust Advisory Committee, as follows:
Trust Distribution Procedures
6.2 Content of Claims Materials. The Claims Materials shall include a copy of this TDP, such instructions as the Trustees shall approve, and Trust Claim forms. The Trust Claim forms shall be submitted with supporting documentation in accordance with the relevant criteria as set forth below and in compliance with Section I of the Matrix. At a minimum, the unliquidated Trust Claim form shall require submission of sufficient information to prove, and any relevant information tending to disprove exposure, disease and damages including:
(a) All relevant information called for in the San Francisco Superior Court General Order 129 Form Interrogatories, Set 1 and Set 2 including the required complete occupational history and identification of other exposures, with the information relevant to exposure used to qualify this claim for the particular category highlighted and the pages tabbed.
(b) If the claimant was involved in any type of asbestos litigation, a complete copy of any litigation interrogatory responses created in support of that claim must be submitted to the Trust regardless of the jurisdiction in which the lawsuit was filed with any information exposures asserted in this claim highlighted and the pages tabbed (or, if applicable, noting that the interrogatories contain no reference to exposures asserted in this claim). In addition, the claimant who was involved in any type of asbestos litigation must identify all prior depositions of the claimant and produce them upon request.
(c) If the Claimant is utilizing the Trust Approved Interrogatories (set forth on the Trust Web site), portions of litigation interrogatories that were amended after the litigation was concluded or declarations to establish the Trust Claim, the responses and/or declarations must meet the following requirements:
(i) The interrogatories and/or declarations must be verified or made by a person who is competent to testify to the information stated in the interrogatories and/or declarations and the person must have personal direct knowledge of the factual information relevant to the claim and the answers and/or declarations must provide sufficient background information to explain how the person verifying the interrogatories and/or the declarant(s) acquired the personal direct knowledge of factual matters relevant to this claim, to allow the Trust to determine the credibility of the person verifying the interrogatories and/or the declarants;
(ii) Where the person lacks personal direct knowledge, the answers and/or declarations must provide sufficient information to explain how, when and from what sources the person verifying the interrogatories and/or the declarants acquired any indirect knowledge of factual matters relevant to the claim;
(iii) The interrogatory responses and/or declarant must provide specifics about the claimant’s (or claimant’s decedent’s) exposure and not use boilerplate wording;
(iv) If the person verifying the interrogatories and/or declarants relied upon documents as the basis for the responses given in the interrogatories and/or declarations (i.e. military records, social security records, etc.), those documents must be specifically identified and relevant portions of any such documents included in the supporting documents attached to the claim;
(v) The truth of the facts asserted in the interrogatories must be affirmed or verified under the penalty of perjury and any declarations must be made under penalty of perjury;
(vi) All declarations must be specific to the claim. In appropriate circumstances, the Trust may accept expert opinions pertaining to issues that are of general application and that are relevant to the specific claimant’s claim.
(vii) The Trust shall have the right to interview by phone or in person (always with the participation or presence of claimant’s counsel), anyone who verifies interrogatories, or has provided information to the person verifying the interrogatories or who submits a declaration in support of a claim submitted to the Trust.
(d) Medical records, medical reports and/or death certificates evidencing the claimed disease, with the diagnosis highlighted and the pages tabbed. For lung cancer and other cancer cases, evidence of markers or other factors which would lead to an upward adjustment under the Matrix will be highlighted and the pages tabbed. For Grade I claims, evidence of x-ray and PFT values that would lead to an increased award will be highlighted and the pages tabbed.
(e) For Serious Asbestosis claims, evidence to support this categorization will be highlighted and the pages tabbed.
(f) For an Injured Person seeking a multiplier for an economic loss in excess of the base case amount, an economic report of evidence supporting claimed wage/pension/home services loss, with total claimed loss highlighted and the page tabbed.
(g) For an Injured Person seeking a multiplier for medical expenses in excess of the base case amount, an affidavit summarizing medical expenses, or submission of medical bills to substantiate the total claimed amount.
(h) An endorsed/filed copy of the face page of the complaint or equivalent proof of commencement of litigation if applicable, or alternatively a certification under Section 5.1.
(i) Social Security records, front or identifying face page and portions relevant to facts asserted in connection with the claim of deposition transcript(s), union records, railroad records, military records (including leave records), or any other employment records all highlighted and tabbed. If such records are unavailable, the claimant or representative attorney must explain why such records are unavailable and attest that every reasonable effort has been made to obtain them.
Case Valuation Matrix
I. GENERAL CLAIM PROVISIONS
a. Minimum and Maximum Values. All claims after being valued at their respective base case value and any appropriate adjustments are subject to the following minimum and maximum values.
(i) Minimum Value. Any Injured Person who has submitted an approved claim under a Compensable Disease category and has submitted a Trust Claim form to the Trust with all required documentation as outlined in the Trust Distribution Plan and herein, will receive a minimum of 10% of the Average Value of the claim for that disease in the controlling jurisdiction.
(ii) Maximum Value. Any Injured Person who has submitted an approved claim under a Compensable Disease category and has submitted a Trust Claim form to the Trust with all required documentation as outlined in the Trust Distribution Plan and herein, will receive a maximum of four times the Average Value of the claim for that disease in the controlling jurisdiction, unless it qualifies as an Extraordinary Claim as defined in Section IX of the Matrix.
b. Medical Diagnoses. Any diagnosis of pulmonary asbestosis shall be made by a (i) a Pathologist, who personally reviewed the Injured Person’s pathology, or (ii) an Internist, Pulmonologist or Occupational Medicine Physician who actually examined the Injured Person. These findings will be contained in a detailed narrative written report of the examination. All medical diagnoses in the Matrix are required to be made by Board-Certified physicians in appropriate specialties to a level of reasonable medical probability. Specifically, medical reports that only come to a conclusion that findings are “consistent with” asbestos-related disease will not, standing alone, be sufficient to establish compliance with the medical criteria in the Matrix. Medical experts who are not Board-Certified but who meet equivalent medical experience and expertise requirements may be approved by the Trust with the consent of the Trust Advisory Committee (“TAC”) and Futures Representative upon application by a Claimant.
c. Record Review Exception. Notwithstanding subsection (b) above, in the event that the Trust determines upon adequate showing under penalty of perjury that good cause exists to excuse either (1) personal review of Injured Person’s pathology by a Pathologist; and/or (2) actual examination of the Injured Person by an Internist, Pulmonologist or Occupational Medicine Physician, the Trust in its exercise of discretion may permit those medical professionals to submit their diagnosis of pulmonary asbestosis on the basis of a review of the Injured Person’s medical records (“Record Review Claim”), provided however, the Maximum Value for any such claim shall be the limit set in Section VIII for Individual Review. Examples of record review claims would be wrongful death actions where no pathology exists, or Injured Persons who are in such extremis or other circumstances exist that no such examination is practicable.
d. Claimant’s Burden to Submit Credible Reliable Claim Information. Information submitted in support of a claim must comply with recognized medical standards (including but not limited to standards regarding equipment, testing methods, and procedures) and/or legal evidentiary and authenticity standards.
(i) While the Trust will not strictly apply rules of evidence, information provided in support of claims must be reliable and credible so that the Trust and, if needed, ADR neutrals are fully informed regarding the foundations for facts asserted in support of claims. The Trust normally will accept copies instead of authenticated copies of x-ray reports, laboratory tests, medical examinations, other medical records and reviews that otherwise comply with recognized medical and/or legal standards unless circumstances indicate that the copies of the and /or the tests, reports, or review are not authentic or are otherwise unreliable.
(ii) The Trust normally will accept copies instead of authenticated copies of deposition testimony, invoices, affidavits, business records, deck logs, military service records (including leave records) or other credible indirect or secondary evidence in a form otherwise acceptable to the Trust that establishes an Injured Person’s occupation, occupational history, business or other losses or the Injured Person’s presence at a particular ship, facility, job site, building or buildings or location during a time period in which the asbestos-containing material for which Thorpe is responsible was present, unless circumstances show that the information being submitted is unreliable.
(iii) Examples of unreliable information include where the circumstances raise questions of authenticity of copies or where persons authoring or verifying facts offered in support of a claim lack direct knowledge of such facts but fail to reveal and describe what facts, and how and from what sources they learned those facts, they relied upon as the basis for their assertion of such facts. Under these circumstances, the Trust and any ADR neutrals shall apply the rules of evidence to exclude evidence where the witness or verifying party declines to provide such foundational information, e.g., on grounds that the information relied upon is privileged or confidential.
e. Trust’s Right to Require Additional Evidence. The Trust may require the submission any other evidence to support or verify a Trust claim, including but not limited to additional exposure information, x-rays, laboratory tests, medical examinations or reviews, medical reports, or other medical evidence all of which must also meet the requirements of Section I (d) above.
f. Conspiracy Theory Claims Prohibited. Claims based on conspiracy theories that do not involve exposure to asbestos-containing materials installed or removed by Thorpe are not compensable under this Matrix.
VII. EXPOSURE REQUIREMENTS
a. Standard Exposure Criteria. Subject to Section 6.2 of the Trust Distribution Procedures, exposure to asbestos-containing material for which Thorpe is responsible can be established by evidence described in Section I (d) and (e) above. The Trust shall have the right to consider all other appropriate evidence of exposure and may establish appropriate alternative exposure criteria after consultation with the TAC and the Futures Representative. The burden shall be on the Claimant or Injured Person to establish exposure to Thorpe products by credible reliable evidence.
Please see the Third Amendment to and Complete Restatement of Matrix.
PLEASE TAKE NOTICE that a hearing on the motion to approve Thorpe Insulation Settlement Trust’s Fourth Annual Report and Accounting is scheduled for Wednesday, June 4, 2014 at 2:00 p.m. before United States Bankruptcy Court Judge, the Honorable Sheri Bluebond, at the United States Bankruptcy Court for the Central District of California, Los Angeles Division, located at 255 East Temple Street, Los Angeles, California 90012 in Courtroom 1475.
The Trusts have been working diligently to return to allow approved filers the ability to submit claims electronically. Although we have not yet reached this point, as of Today, April 25, 2014, the Trust itself will be able to upload claims to the claims processing system from CDs received from law firms.
New claims or deficiency responses can now be received either in paper or CD format mailed to the Trust at 300 East Second Street, Suite 1410, Reno, Nevada 89501. The electronic template, as well as the paper claim form, are located on the Trusts’ Websites under the “Claims” tab. Further, firms will need to continue to bookmark and highlight the information relied upon within the supporting documents as set forth in the claim filing instructions on the website.
All paper claims and CD format submissions will be date and time stamped when they are received at the Trusts. The Trusts will continue to maintain a master file separate from the system for each claim received, until the Trusts are back online.
The Trusts will continue to return all deficient claims or offers in paper format. You will receive a Content Deficiency Letter (CD Letter) or Release Authorization Letter (RA Letter) via US mail or other mail carrier. The Trust will not send the entire claim form or supporting documents back to the submitting firm, only the portion deemed relevant to the deficiency will be returned.
In order to cure any deficiency, you may submit a copy of the CD letter and only include the documentation necessary to cure the deficiency either in paper or CD format sent via US mail or other mail carriers. You do not need to resubmit the entire claim package.
The Trust will continue to work towards being able to receive claims in an electronic format.
This notice concerns your claim(s) with the above-referenced Trusts (collectively, the “Trusts”), and has been authorized and approved by the United States Bankruptcy Court for the Central District of California.
Under the terms of an agreement between these Trusts and Michael Mandelbrot, and subsequent order of the Bankruptcy Court, Mandelbrot must transfer all claims for which he serves or has served as counsel to a new attorney of record by July 23, 2014.
If you chose to select new counsel to represent you, or to represent yourself in connection with your claim(s) with the Trusts, YOU MUST DO SO BY JULY 23, 2014 OR YOUR CLAIM MAY BE DEEMED WITHDRAWN. THIS MAY DELAY OR ELIMINATE YOUR RIGHTS TO PAYMENTS FROM THE TRUST(S), including initial payments and any further payments from the Trust(s) in the event of an increase in payment percentage/funds received ratio, and MAY REQUIRE ADDITIONAL FILING FEES in the event you elect to re-submit your claim following withdrawal.
YOU ARE ADVISED TO CONSULT WITH COUNSEL REGARDING THIS NOTICE.
For additional information regarding this notice, and the background giving rise to this dispute, please see the Bankruptcy Court’s Findings of Fact and Conclusions of Law, Order Following Trial, and Judgment, which have been posted on each of the Trusts’ Web sites.
As you are aware, the Trusts are having work done on their systems, which may continue for several weeks. Until further notice, all new claims or deficiency responses must be submitted by mail in paper form to the Trusts at 300 East Second Street, Suite 1410, Reno, Nevada 89501. Claims or deficiency responses that are submitted electronically (e.g. on a CD or other storage media) will not be accepted and will be returned to the sender. The reason is, that during this interim period, the Trust will not have the capacity to process claims in an electronic format. The paper claim form is located on the Trusts’ Websites under the “Claims” tab. In addition to the claim form, you will need to submit the required supporting documents, also in paper format. Further, you need to continue to bookmark and highlight the information you are relying upon within the supporting documents as set forth in the claim filing instructions on the website. One way to bookmark paper claims is to circle the information on the specific page and then place a marker or sticky tab on the relevant page. This will allow the Trusts to locate the information in an efficient manner.
All paper claim submissions will be date and time stamped as they are received at the Trusts. The Trusts will create a master file for each claim received and when the Trusts’ claims processing systems are operating, the Trust will reduce all paper submissions to an electronic format and input them into the claim processing systems as they were received.
Until further notice, the Trusts will return all deficient claims in paper format. You will receive a Content Deficiency Letter (CD Letter) via US mail or other mail carrier. The Trusts will continue to use deficiency codes and reviewer notes regarding the reason the claim is deemed deficient. The Trust will not send the entire claim form or supporting documents back to the submitting firm, only the portion deemed relevant to the deficiency will be returned.
In order to cure any deficiency, you may submit a copy of the CD letter and only include the documentation necessary to cure the deficiency in paper format sent via US mail or other mail carriers. You do not need to resubmit the entire claim package. The Trust will date and time stamp the documentation received and will add it to the claim’s master file.
The Trusts will continue to issue offers on valid claims.
Please continue to follow the current procedures and return the original signed release to the Trust via US mail or other mail carriers within the time allowed pursuant to the Trust Distribution Procedures (TDP) Section 6.3. If the Trusts find that the release is deficient, the Trusts will contact you via phone or e-mail and if necessary send a release deficiency letter.
The Trusts are working diligently to minimize the impact of requiring paper format for filing and processing claims on the payment of claims.
The Trust has hired a well-known cyber security company who was onsite at the Trusts’ physical location for three days at the end of last week. That company is now working to determine the origin of any incursion which may have happened. Preliminarily it does not appear that any data was altered or removed but final review may take several weeks as the Trusts want to be extraordinarily careful. The Trusts are having twice weekly telephone meetings with the company and hope to have information about when the system will be back up and functioning by the end of next week. In the meantime, the Trusts are working to rebuild a read-only system for the processors. This will enable the processors to look at claims already filed and determine if there are deficiencies or offers that can be sent by mail. By Friday of next week the Trusts will make a decision as to whether they need to temporarily implement a paper system for filing claims. Thank you for your patience.
Over last weekend, the Trusts experienced an incursion into their computer systems. When the incursion was discovered, the Trusts’ systems were taken off-line. At the current time, it does not appear that any claimant information was compromised or disclosed. However, the Trusts have retained experts to further evaluate the extent of the incursion. Until the Trusts’ investigation, and any remedial action is completed, the Trusts’ systems will remain off-line. Applicable statute of limitations will be tolled during the period that the Trusts’ systems are off-line, and until alternative filing procedures, if any, are in place. Any questions, should be directed to the Trusts.
The claims processing FTP server is down for maintenance. Please check back later for updates.
The Declaratory Relief Adversary Proceedings filed by the J.T. Thorpe Settlement Trust and the Thorpe Insulation Settlement Trust regarding the Trusts’ conduct in investigating Michael J. Mandelbrot and the Mandelbrot Law firm, as well as the Trusts’ Motion For Instructions Regarding (1) the Trusts’ Audit Findings Regarding Mandelbrot and (2) the Trusts’ Remedy, have been resolved by stipulation placed on the record in open court on January 23, 2014. A link to a copy of the court’s docket entry is set forth below. Findings of Fact and Conclusions of Law conforming to the stipulation are due to be filed with the court by February 11, 2014, and a tentative hearing date has been set to hear any disputes arising out of finalizing the Findings of Fact and Conclusions of Law on February 18, 2014 at 10:00 a.m. before the Honorable Sheri Bluebond, Courtroom 1475, 255 E. Temple St. 14th Floor, Los Angeles, California 90012. J.T. Thorpe Settlement Trust and the Thorpe Insulation Company Asbestos Settlement Trust vs. Michael J. Mandelbrot and the Mandelbrot Law firm, Case No. 12-ap-02182, United States Bankruptcy Court Central District of California.
PDF of Docket Entry No. 186
The Trustees, with consent of the Trust Advisory Committee (“TAC”) and Futures Representative (“FR”) suspend the Phase One Pro Bono Evaluation Proceedings (Binding and Non-Binding) effective Tuesday, January 14, 2014.
Claimants who desire to exercise their right to Arbitration under Section 5.9 of the Third Amendment to and Complete Restatement of Thorpe Insulation Company Asbestos Personal Injury Settlement Trust Distribution Procedures (“TDP”) may do so by providing the Trust’s Administrator with a written request for Arbitration within ninety (90) days of either a claim being rejected by the Trust, or a rejection by the claimant of a Trust offer. Upon receipt of a written request for Arbitration, the Trust within ten (10) days, will send to claimant an Election Form and Agreement for Binding or Non-Binding Arbitration.
If the Trust has already received an Evaluation by Document Election Agreement prior to January 14, 2014, that claim is unaffected.
The Trustees, with the consent of the TAC and the Futures Representative, have increased the Funds Received Ratio to 30.5% of the total liquidated claim value. After necessary updates to the claims processing system and payment procedures have been completed, claims will be paid in accordance with this change. All eligible previously paid claims, including pre-petition liquidated claims, should receive the additional amounts due as a result of this Funds Received Ratio increase by the end of December, 2013.
PLEASE TAKE NOTICE that a hearing on the motion to approve Thorpe Insulation Settlement Trust’s Third Annual Report and Accounting is scheduled for Wednesday, June 5, 2013 at 10:00 a.m. before United States Bankruptcy Court Judge, the Honorable Sheri Bluebond, at the United States Bankruptcy Court for the Central District of California, Los Angeles Division, located at 255 East Temple Street, Los Angeles, California 90012 in Courtroom 1475.
The following is a synopsis of the modification to the TIST Land Site List approved at the September 20, 2012 Trustees' meeting.
Corrections to the TIST Land Site List:
PLEASE TAKE NOTICE that a hearing on the motion to approve Thorpe Insulation Settlement Trust's Second Annual Report and Accounting is scheduled for Wednesday, June 27, 2012 at 10:00 a.m. before United States Bankruptcy Court Judge, the Honorable Sheri Bluebond, at the United States Bankruptcy Court for the Central District of California, Los Angeles Division, located at 255 East Temple Street, Los Angeles, California 90012 in Courtroom 1475.
In light of a recent decision of the Ninth Circuit Court of Appeals in the Thorpe Bankruptcy, which may affect the Plan of Reorganization, the Trust has reported to the Bankruptcy Court and Petitioned for Instructions regarding continuation of Trust operations. The Bankruptcy Court has issued an Order that provides for continued operation of the Trust, including claim submission and claim processing, but that imposes a limitation of $5 million in further aggregate claim payments. As a result, commencing immediately, and until further notice, the Trust will pay claims in installments, as they are liquidated. The Trust will pay half at the time offers are accepted and conforming releases are received. The remainder will be paid when and if further funds are available and as circumstances permit. (See TDP Section. 7.1) The Trust is implementing this program to make at least a partial payment to as many claimants as possible while conserving Trust resources consistent with the Bankruptcy Court’s recent Order. It is possible that the $5 million amount may be increased by the Bankruptcy Court based on an appropriate showing by the Trust. If the Trust exhausts the $5 million limit and the Bankruptcy Court declines to increase the amount allowed to be distributed, or if the Bankruptcy Court decides to suspend Trust operations, the Trust may be required to suspend claim payments altogether pending resolution of all issues being examined on appeal and, perhaps, on remand to the Bankruptcy Court. Copies of the Ninth Circuit decision, the Order limiting payment of Trust claims and of Thorpe’s petition for rehearing of the decision of the Ninth Circuit are posted with this notice. There will be no extension of the tolling of the statute of limitations as a result of these developments. The Trust will post further notices at this site reporting any changes that affect this installment payment regime.
Any requests for revisions to Trust policies or procedures, physician certification, modifications to an approved list, and/or TDP/Matrix interpretations or questions to be considered during the February 2012 Trustees' meeting must be received by the Trust on or before Friday, January 6, 2012.
The Trust welcomes comments from Trust claimants, beneficiaries and law firms that file claims with the Trust. The Trustees invariably will seek the advice of the Trust Advisory Committee and Futures Representative with regard to any comments seeking to modify Trust policies or set priorities on Trust agendas or finances. The Trust recommends that claimants or their attorneys make an effort to discuss those issues either with the Trust Advisory Committee or the Futures Representative, or both, as appropriate, before raising these issues with the Trustees or the Trust staff.
On September 16, 2011, the Trustees, with the consent of the Futures Representative and Trust Advisory Committee, amended Section 5.3(a)(2) of the Trust Distribution Procedures to further extend the post bankruptcy time period when the statute of limitations for all claims had been tolled. All claims not barred by the applicable statute of limitations or repose at the Petition Date (October 15, 2007) shall be tolled as of the Petition Date to and including April 20, 2012. The Third Amendment to and Complete Restatement of Thorpe Insulation Company Asbestos Personal Injury Settlement Trust Distribution Procedures incorporating this amendment has been posted on the Trust's Web site www.TISTrust.com.
On September 15, 2011, the Trustees, with the consent of the Futures Representative and the Trust Advisory Committee (Trust Fiduciaries), approved a Thorpe Insulation Ships Repaired List. You may also find the approved list on the Trust Web site.
Modifications to the Thorpe Insulation Land Site List were approved at the September 15, 2011 Trustees’ meeting. The modifications are listed below and the new list has been posted on the Trust Web site. Please review the list, which includes a modification column for reference purposes.
|Name||Start Date||End Date||Rating|
|Air Traffic Control Center - Palmdale, CA||1/1/1956||12/31/1956||L- Date Specific|
|Air Traffic Control Center - Palmdale, CA||1/1/1957||12/31/1979||VL - Date Specific|
|Arlington High School- Riverside, CA||1/1/1973||12/31/1979||VL|
|Arrowsmith Co. - San Diego, CA||1/1/1959||12/31/1973||S - Date Specific|
|Arrowsmith Co. - San Diego, CA||1/1/1974||12/31/1979||VL - Date Specific|
|Atchison, Topeka & Santa Fe Railroad - Los Angeles, CA||5/11/1961||11/8/1970 site only valid to this date||VL|
|Atchison, Topeka & Santa Fe Railroad - San Bernardino , CA||3/15/1960||10/17/1975 site only valid to this dateÿÿÿ||VL|
|Atchison, Topeka & Santa Fe Railroad - Winslow, AZ||3/14/1961||1/17/1967 site only valid to this date||VL|
|Atchison, Topeka & Santa Fe Railroad - Gallup, NM||10/11/1960||10/11/1962 site only valid to this date||VL|
|Atchison, Topeka & Santa Fe Railroad - Barstow, CA||7/12/1960||11/18/1970 site only valid to this date||VL|
|Atomic Test Site - Mercury, NV||1/1/1954||12/31/1955||S - Date Specific|
|Atomic Test Site - Mercury, NV||1/1/1956||12/31/1979||VL - Date Specific|
|Beverly Hills Hotel - Beverly Hills, CA||1/1/1964||12/31/1979||VL|
|Brett Hart Junior High School - Los Angeles, CA||1/1/1973||12/31/1979||VL|
|C F Braun Co. - Alhambra, CA (Boiler Room ONLY)||1/1/1960||12/31/1979||VL|
|Cal Mart - Los Angeles, CA||1/1/1973||12/31/1979||VL|
|California Portland Cement Co. - Mojave, CA||2/1/1956||12/31/1979||VL|
|Commission Federal de Electricidad - Rosarita, BC, Mexico||7/1/1968||12/31/1979||VL|
|Court House - Las Vegas, NV||2/1/1959||12/31/1979||VL|
|Douglas Aircraft (aka McDonnell Douglas) - Huntington Beach, CA||1/1/1963||12/31/1979||L|
|Ducommun Metal & Supply Co. - Vernon, CA||3/11/1968||12/31/1979||VL|
|Farmer John (cold Storage Room Only) -- Vernon, CA||1/1/1967||12/31/1979||VL|
|Fashion Mall - Newport Beach, CA (Boiler room ONLY)||1/1/1967||12/31/1979||VL|
|Fire Station 107 - Northridge, CA||1/1/1963||12/31/1979||VL|
|Fluor Corp. - Wilmington, CA||3/30/1970||12/31/1979||L|
|US Steel Power House - Fontana, CA||1/1/1956||12/31/1979||S|
|Fred Antelline Co. - San Diego, CA||1/1/1956||12/31/1969||S - Date Specific|
|Fred Antelline Co. - San Diego, CA||1/1/1970||12/31/1979||VL - Date Specific|
|Fremont Hotel - Las Vegas, NV||1/1/1956||12/31/1979||VL|
|Fullerton Junior College - Fullerton, CA||1/1/1966||12/31/1979||VL|
|Hall of Administration - Los Angeles, CA||1/1/1956||12/31/1979||VL|
|Hilton Hotel - Los Angeles, CA||1/1/1956||12/31/1979||VL|
|J.W. Robinson's - Los Angeles, CA||1/1/1956||12/31/1979||VL|
|JC Penneys (Downey Mall) - Downey, CA||1/1/1966||12/31/1969||L - Date Specific|
|JC Penneys (Downey Mall) - Downey, CA||1/1/1970||12/31/1979||VL|
|Kraft Foods - Buena Park, CA||1/1/1967||12/31/1979||VL|
|Long Beach Auditorium - Long Beach, CA||1/1/1960||12/31/1979||VL|
|Long Beach College - Long Beach, CA||1/1/1960||12/31/1979||Low during built years and then Very Low|
|Main Telephone Building - Bakersfield, CA||1/1/1957||12/31/1979||VL|
|N.A.P.P. Systems Building - San Marcos, CA||1/1/1973||12/31/1979||VL|
|Naval Ordnance Test Station - China Lake, CA||1/1/1952||12/31/1961||L - Date Specific|
|Naval Ordnance Test Station - China Lake, CA||1/1/1962||12/31/1979||VL - Date Specific|
|Northridge Hospital - Northridge, CA||1/1/1960||12/31/1979||VL|
|Occidental College - Occidental, CA||1/1/1963||12/31/1979||VL|
|Pabst Brewery - Los Angeles, CA||1/1/1960||12/31/1965||S - Date Specific|
|Pabst Brewery - Los Angeles, CA||1/1/1966||12/31/1979||VL - Date Specific|
|Pacific Air Regulation - San Diego, CA||1/1/1959||12/31/1969||S - Date Specific|
|Pacific Air Regulation - San Diego, CA||1/1/1970||12/31/1979||VL - Date Specific|
|Pacific Pump Co. - Huntington Park, CA||1/1/1970||12/31/1979||VL|
|Pacific Telephone - Van Nuys, CA||1/1/1964||12/31/1979||VL|
|Plant Insulation - Los Angeles, CA||1/1/1956||12/31/1957||VH Only valid for these dates|
|Production Steel Company - Wilmington, CA||6/1/1972||12/31/1979||S|
|Pump Station - Van Nuys, CA||1/1/1966||12/31/1967||S - Date Specific|
|Pump Station - Van Nuys, CA||1/1/1968||12/31/1979||VL - Date Specific|
|R.C. Mahon Co./General Motors/Air Preheater Corp. - Van Nuys, CA||6/1/1967||12/31/1979||VL|
|Regional Medical Center - San Diego, CA||1/1/1978||12/31/1979||VL|
|San Diego Pipe & Supply Co. - San Diego, CA||1/1/1959||12/31/1969||S - Date Specific|
|San Diego Pipe & Supply Co. - San Diego, CA||1/1/1970||12/31/1979||VL - Date Specific|
|Scott Co. of California, Central Utilities Bldg., University of California - La Jolla, CA||7/10/1968||12/31/1979||VL|
|South California Youth Center - Chino, CA||11/19/1968||12/31/1979||VL|
|State Plumbing & Heating - Hawthorne, CA||12/1/1967||12/31/1979||VL|
|Tehachapi Prison - Tehachapi, CA||1/1/1967||12/31/1967||L - Date Specific|
|Tehachapi Prison - Tehachapi, CA||1/1/1968||12/31/1979||VL - Date Specific|
|Temple Beth Hillel - North Hollywood, CA||1/1/1963||12/31/1979||VL|
|Thompson Ramo Woodridge, TRW - San Pedro, CA||1/1/1956||12/31/1959||S - Date Specific|
|Thompson Ramo Woodridge, TRW - San Pedro, CA||1/1/1960||12/31/1979||VL - Date Specific|
|U.S. Marine Corps Supply Center, SSB Receiving, Bldg. #157||1/31/1968||12/31/1979||VL|
|Union Bank - Los Angeles, CA||1/1/1956||12/31/1979||VL|
|University Mechanical - El Cajon, CA||1/1/1956||12/31/1979||VL|
|Valley Nitrogen Producers - El Centro, CA||11/29/1967||12/31/1979||VL|
|Whittaker Company - Long Beach, CA||4/3/1968||12/31/1979||VL|
On September 15, 2011, the Trustees approved a Thorpe Insulation Traditional Occupations List. The claimant may still be required to establish exposure to Thorpe's asbestos-containing products and the Trust may require additional information concerning the claimed exposure.
The Second Amendment to and Complete Restatement of the TI Case Valuation Matrix and the Fifth Amendment to and Complete Restatement of the Thorpe Insulation Company Asbestos Settlement Trust Agreement have been posted to the Trust Documents section.
On April 21, 2011 the Trustees, with the consent of the Futures Representative and the Trust Advisory Committee (Trust Fiduciaries), approved a Thorpe Insulation Site List to assist claimants in meeting their burden of establishing or characterizing exposure to Thorpe Products under the terms of the Case Valuation Matrix. (Matrix Section VII (b)) The list has been posted on the Trust Web site www.TIStrust.com. The claimant continues to be responsible to present information describing the circumstances of adequate exposure at a site identified on the list and the Trust will continue to consider all appropriate evidence of exposure. (Matrix VII (a)). The Trustees expect that the site list will continue to evolve as more information becomes available in the course of processing and liquidating claims. ("The Trust with consent of the TAC and Futures Representative may modify the list in light of additional evidence or experience with claims processing." Matrix VII (b)) And notwithstanding the rating assigned a site on the list claimants may continue to "... submit additional evidence to ... support of a higher exposure categorization in a particular case." (Id.) Claimants electing to proceed directly against RTI in the tort system (TDP section 5.11) may not rely on the fact that a site has been listed on the Site List to prove exposure in the tort system unless evidence introduced by counsel selected by a carrier defending RTI makes it appropriate to do so. (The contours of this very limited exception will be described in amendments to the TDP yet to be published.) The Site List can also be found on the Claims Packet Page.
The 2010 Annual Report is now available on this site for download.
PLEASE TAKE NOTICE that a hearing on the motion to approve Thorpe Insulation Settlement Trust's First Annual Report and Accounting is scheduled for Wednesday, June 29, 2011 at 10:00 a.m. before United States Bankruptcy Court Judge, the Honorable Sheri Bluebond, at the United States Bankruptcy Court for the Central District of California, Los Angeles Division, located at 255 East Temple Street, Los Angeles, California 90012 in Courtroom 1475.
Pursuant to Section I(d) of the Matrix, the Trust may require additional information to assure that such evidence provided to the Trust is reliable. Therefore, any claim that is partially supported by a declaration to verify claimant’s presence at a site, asbestos exposure, and/or dates of exposure, or any other facts relevant to the claim must meet these requirements:
The Thorpe Insulation Settlement Trust (Trust) invited all interested law firms to submit documents that the firms believed were relevant to contract work and/or products distributed by Thorpe Insulation Company (TIC). Some firms responded and provided documents which are posted on the Trust Web site. The Trust makes no representation at this time as to the significance, relevance, meaning, validity, and/or completeness of any of the posted documents. As firms provide further documents (which are not claim specific), those materials will be posted and/or access provided to those who wish to review the materials. Further, the Trust obtained some deposition transcripts. A list of those transcripts is posted with the name and contact information of the court reporter. The Trust makes no representation at this time as to the significance, relevance, meaning, validity, and/ or completeness of any of the transcripts listed.In addition, the Trust received documents attached as exhibits to deposition transcripts. Some of the exhibits were medical records, social security records, military records, other personal information, and answers to interrogatories, none of which will be posted. Other exhibits are posted referencing the transcript to which the exhibit was attached. The Trust makes no representation at this time as to the significance, relevance, meaning, validity, and/or completeness of any of the posted exhibits. The exhibits are posted as they were received by the Trust and may be missing cover sheets, certain pages, and other materials that were or may have been included with the original document.
If in the future TIC related documents are provided to the Trust, notice of those documents will also be posted on the Web site, and access will be provided to those who wish to review those documents. Any and all expenses required to review such documents or any other TIC materials the Trust has in its possession will be borne by the requesting party.
To view and download these documents, please visit the Nature and Source Documents Library
RESOLVED that the Trustees, in agreement with the TAC and Futures Representative, do hereby amend the Thorpe Insulation Settlement Trust Case Valuation Matrix Section IV (vii) as follows:
vii. Medical Causation. The following adjustments apply to Injured Persons who have different smoking histories and/or medical findings than those described for the base Other Cancer case. In no event can any of the adjustments listed below be combined for an overall causation adjustment in excess of 3.0 OCA.
|Pathological diagnosis of asbestosis, or occupational levels of asbestos bodies or asbestos fibers in lung tissue||2.0 OCA|
|Clinical diagnosis of asbestosis (in absence of pathological diagnosis)||1.5 OCA|
|For laryngeal, esophageal, kidney other cancer, the following additional adjustments shall be applied:||Data|
|No radiographic evidence of asbestos exposure and no Increased fiber burden as a marker of asbestos exposure||.25 OCA|
|Lifetime non-smoker||2.0 OCA|
|1-20 pack-years of smoking||1.2 OCA|
|Over 80 pack-years of smoking||.6 OCA|
|Diagnosis over 10 years since Injured Person quit smoking||1.2 OCA|
|Diagnosis over 15 years since Injured Person quit smoking||1.5 OCA|
Trust Distribution Procedures Section 6.2 and the Case Valuation Matrix Section I.(d.) and Section VII, require that claims submitted to the Trust have appropriate supporting documents to prove exposure to Thorpe Insulation products or work performed. The Trust may require the submission of additional supporting documentation for any claim that has been submitted to the Trust.
While the Trust continues its work (see the copy of the Trust's notice of November 30, 2010 reproduced below) identifying sites, dates, and ratings where Thorpe Insulation was present and where asbestos exposure would have occurred, it will make available the following information (in the next few weeks) on its Web site:
The Trust is in the process of considering claims handling procedures to be applied to Trust Claims covered by insurance Policies Issued by Non-Settling Insurers pursuant to TDP Section 5.11, and the Plan of Reorganization Section 5.1.6 and Exhibit C thereto, which, among other things and consistent with the TDP, permit tort system prosecution of claims covered by these policies.
The Thorpe Insulation Settlement Trust does not have a published site list at this time. The Trust continues to review information that has been submitted to the Trust with respect to locations where Thorpe Insulation Company’s (Thorpe Insulation) asbestos operations were conducted. Some of this information has been submitted as supporting documentation specific to a particular claimant, when a claim is filed.
The Trust has also obtained broad historical information from other sources. The Trust has been working, and will continue to work, to identify and verify the historical information regarding exposure sites and relevant dates that would have broader application than just a single claimant. Once the Trust is satisfied that it has sufficiently verified historical information about the location and dates of Thorpe Insulation’s asbestos operations, the Trust will consider whether to publish a site list. If any person wishes to submit additional evidence to establish Thorpe Insulation’s presence at a site, or in support of a higher exposure, please include a recommended rating for the site and dates when Thorpe Insulation was present at the site. The Trust may use this information to determine exposure when a claim is submitted for processing.
In the meantime, as required by the court approved Trust Distribution Procedures Section 6.2 and the Case Valuation Matrix Section I.(d.) and Section VII, claims submitted to the Trust should have appropriate supporting documents to prove exposure to Thorpe Insulation products or work performed. The Trust may require the submission of additional supporting documentation for any claim that has been submitted to the Trust.
At the November 17, 2010 Trustees’ meeting, the Trustees, with the consent of the Futures Representative and the Trust Advisory Committee (Trust Fiduciaries) adopted a new policy regarding verification of interrogatories.
The policy is as follows:
For all claims filed with the Trust on or after December 1, 2010, the interrogatories must be verified by the claimant or heir. Any claim submitted without verified interrogatories will be returned to the firm with a deficiency letter.
The Trust can deem a claim withdrawn after the claim has been placed on hold and remains in hold status for over six (6) months. Upon written request and for good cause, the Trust may extend this period for an additional six (6) months. After the extended period, the Trust will deem the claim withdrawn.
If your firm has claims on hold, you have six (6) months to resubmit the claim with a complete claim packet (claim form and supporting documents), request in writing an additional six month period for good cause, or withdraw the claim. The claim may be withdrawn and then resubmitted with an additional $250 filing fee. If none of these options are chosen, the Trust will deem the claim withdrawn and notify your firm.
According to the Trust Distribution Procedures, the existing statute of limitations for the claim will not be affected by the withdrawal, only its place in the FIFO queue. "A claimant may withdraw a Trust Claim at any time upon written notice to the Trust and file another claim subsequently without affecting the status of the claim for statute of limitations purposes, but any such claim filed after withdrawal shall be given a place in the FIFO Processing Queue based the date of such subsequent filing." TDP Section 6.3
The Trust documents allow claims (except Grade II Non- Malignant) to receive the benefit of up to $200,000 (base case) in economic loss without additional documents. If a wrongful death claim requests economic loss in excess of the $200,000, the report must take into consideration the lack of consumption by the deceased. In determining whether a deduction for consumption is appropriate, any claim which qualifies as a "living" claim under the Claims Valuation Matrix shall not be subject to a consumption deduction. In cases claiming additional economic loss, it is likely the Trust will request additional back-up documents supporting the conclusions set forth in the report.