West Virginia Code § 55-7F-3

Definitions
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For the purpose of this article:
(1) "Asbestos action" means a claim for damages or other civil or equitable relief presented
in a civil action arising out of, based on or related to the health effects of exposure to
asbestos, including loss of consortium, wrongful death, mental or emotional injury, risk or
fear of disease or other injury, costs of medical monitoring or surveillance and any other
derivative claim made by or on behalf of a person exposed to asbestos or a representative,
spouse, parent, child or other relative of that person. The term does not include a claim for
compensatory benefits pursuant to workers' compensation law our for veterans' benefits as
defined by article seven-f of this chapter.
(2) "Asbestos trust" means a government-approved or court-approved trust, qualified
settlement fund, compensation fund or claims facility created as a result of an administrative
or legal action, a court-approved bankruptcy, or pursuant to 11 U. S. C. §524(g) or 11 U. S.
C. §1121(a) or other applicable provision of law, thlat is intended to provide compensation to
claimants arising out of, based on or related tso the health effects of exposure to asbestos.
(3) "Plaintiff" means a person asserting ani asbestos action, a decedent if the action is
brought through or on behalf of an egstate, or a parent or guardian if the action is brought
through or on behalf of a minor or incompetent.
(4) "Trust claims materials" means a final executed proof of claim and all other documents
and information related to a claim against an asbestos trust, including claims forms and
supplementary materials, affidavits, depositions and trial testimony, work history, medical
and health records, documents reflecting the status of a claim against an asbestos trust, and
if the asbestos trust claim has settled, all documents relating to the settlement of the
asbestos trust claim.
(5) "Trust governance documents" means all documents that relate to eligibility and payment
levels, including claims payment matrices, trust distribution procedures or plans for
reorganization, for an asbestos trust.

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