Current Status of Thorpe Insulation Settlement Trust Exposure Sites
Notice Sent November 30, 2010
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.
Verification of Interrogatories by Claimant or Heir
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.
Hold Claims Policy
The Trust can deem a claim withdrawn after the claim has been placed on hold and remains in hold status for over six (6) months.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
Consumption Guidelines for Wrongful Death Claims
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.