NGC Bodily Injury Trust

NGC Exposure Sites List Where can I find the NGC Exposure Site List? How can a firm utilize the NGC Exposure Sites List? How do I add sites to the NGC Exposure Sites List? Will current claims that are deficient for exposure be re-evaluated by the trust to determine if they now have an approved site? Why are the sites my firm has provided for my claimants not on the NG Exposure Site List? The firm has identified a site that is not an exact match to the NG Exposure Site list. How can the site be clarified? BI Settlement Claims What do I do with my BI Settlement Claim(s) Tolling of Applicable Statute of Limitations What is the deadline for filing a claim with the NGC Bodily Injury Trust? What are the tolling periods? What is the Applicable Jurisdiction?  Payment Information What are the Allowed Liquidated Values? What is the NGCBIT Payment Percentage? How much of the ALV times the Payment Percentage will be paid after the Release & Indemnity is returned for an Allowed Claim? Is the payment percentage applied to all the disease ALVs? Will my claim, if allowed, be paid in full? How often will payments be made? Claims Submissions   How can claim forms be obtained for filing a claim with the NGCBIT? Should I consult my own attorney regarding the filing of a claim against the NGCBIT? If I am represented by an attorney, may that attorney file the claim for me? Does the NGCBIT establish an limits on attorney fees? What materials are needed to file a claim? What is the process for an Incomplete submission? How are claims assigned for review? How soon, after I file my claim, can I expect it to be reviewed? If additional time is needed to respond to correspondence received by the NGCBIT, can an extension be granted? Are there other alternatives to receiving claim correspondence rather than receiving paper letters? How do I file an Extraordinary claim? How do I withdraw a claim? Can I change the type of my claim after I have filed? I am an attorney representing an Injured Party. What should I do if my client is diagnosed with an additional injury after I have already submitted the claim? Can the offer made by the NGCBIT be rejected? If so, how? Why can't you release information about my claim to me if my claim has been filed by my attorney? Submitting Claim Documentation   What methods are available for filing a claim with the NGCBIT? What methods are available to submit supporting documentation for claims? What is a verified work history? Which occupations require an additional explanation? What if my address changes while my claim is in the process of being reviewed? What if the law firm relocates or changes are made within the law firm after claims have been filed? What happens if the Injured Party dies after the claim was filed? Are there any physicians that are not accepted by the NGCBIT? Responses for Individuals Considering Filing Their Claim without Benefit of Legal Counsel   If I am not represented by an attorney, may I file a claim electronically through this website?

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NGC Exposure Sites List Where can I find the NGC Exposure Site List? The NGC Exposure Site list is located on the Reports tab. A Jobsite Search feature is also available when data entering an exposure record for a new filing or when viewing an existing claim under the Claim Processing tab.

NGC Exposure Sites List How can a firm utilize the NGC Exposure Sites List? The NGC Exposure Sites List, found under the web site "Reports" tab, is available to all registered firms and can be utilized to link NGC asbestos-containing materials to support claimants' exposure requirements. Should you identify exposure sites that pertain to a claimant's exposure location, please provide the trust with the following information: Claimant Name Social Security Number NGC Trust Claim Number (applicable for a deficient claim) Name of Site Location of Site (This information should be in spreadsheet form if submitting multiple sites or claimants) In addition, verifiable exposure documentation such as an affidavit, verified answers to interrogatories, deposition testimony, or a verified work history must be submitted to support the Injured Party's claimed exposure at the NGC Exposure Sites. Submit this information with the filing of the claim or as soon as available using one of the following submission methodologies: Electronic Upload Email Letter If you have questions, please contact Miranda Wooldridge, (mwooldridge@trustservices.org) or Tiffany Nieto, (tnieto@trustservices.org) or Crystal Barcheers, (cbarcheers@trustservices.org)

How do I add sites to the NGC Exposure Sites List? A firm may submit documentation to support additional NGC Exposure Sites by using the following procedure: Submit the proposed site exposure documentation to the Trust for review Such documents must clearly identify the NGC asbestos-containing material (product name or type) installed at the site and establish an initial exposure date Examples of such documentation include (i) deposition testimony, (ii) affidavit, (iii) verified work history, (iv) advertisements and (v) other documents such as correspondence from NGC or records of product complaints filed with NGC. The Trust will review the submitted documentation and will notify the submitting firm once the new NGC Exposure Site has been approved or if additional supporting documentation is needed.

Will current claims that are deficient for exposure be re-evaluated by the trust to determine if they now have an approved site? The NG Exposure Sites list was made available to firms to help firms identify sites that they can link to complete the NG product exposure requirements. It is a firm's responsibility to request a re-evaluation of a claim accompanied with the linkage information described in more detail under the FAQ question How can a firm utilize the NGC Exposure Sites List?.

Why are the sites my firm has provided for my claimants not on the NG Exposure Site List? The NGC Exposure Sites List was not meant to be exhaustive. Unlike many other defendant companies, the National Gypsum Company ("NGC") did not have an internally developed site list that could be used by the NGC Bodily Injury Trust (the "Trust"). In fact, most of its distribution of asbestos-containing products was to distributors and lumber yards with little or no indication as to the site(s) to which the products were then sold, transshipped and installed. The only sites currently included on the NGC Exposure Sites List are those that were previously approved on a law-firm-by-law-firm basis as Common Exposure Locations ("CELs") as part of the Document Efficiency Management Protocol ("DEMP") and sites from allowed property damage claims. Only nine law firms had chosen to participate in the DEMP process at the time those firms decided that it was permissible to make their CELs available to other firms. If a firm wishes to have sites added to the NGC Exposure Sites List, there is a submission process that is similar to the one used to establish CELs. This submission procedure can be found on the NGC Trust website under Documents/Policies/Establishment of NGC Exposure Sites. The Trust has established this process in this way so that firms may opt to either share site information with other firms or keep it proprietary within the firm. The publication of this NGC Exposure Sites List has no impact on a firm's ability to continue to use the evidence it has developed in support of exposure to NGC asbestos-containing material. A firm may continue to file claims just as they have previously. If you have further questions, please feel free to contact the NGC Help desk.

The firm has identified a site that is not an exact match to the NG Exposure Site list. How can the site be clarified? Partial matches can occur due to changes in a company's name or sale of the site to a different firm. If this is the case, please submit information to support the change of name or ownership so we can establish an "aka" for the site. Should a firm identify a company name that is not identified with a NGC Exposure Site location, please submit a "site list review" request to the Trust with supporting documents so we can determine whether this is the same site or a new site that could be added to the NGC Exposure Sites List.

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BI Settlement Claims What do I do with my BI Settlement Claim(s)? You may no longer file claims as BI Settlement Claims (the BI Settlement Bar Date has passed). Claims which were settled by the CCR but which were shorted ACMC's share of the settlement payment may be filed with the Trust as ordinary Trust claims. MORE

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Tolling of Applicable Statute of Limitations What is the deadline for filing a claim with the NGC Bodily Injury Trust? Malignant Disease Claims: If Claimant's Diagnosis and Date of Death is prior to June 16, 1997: Applicable federal, state and foreign statute of limitations and repose for the Applicable Jurisdiction (as defined below). If Claimant's Diagnosis or Date of Death is after June 16, 1997: Three (3) years after the date of death. Non-Malignant Disease Claims: If Claimant's diagnosis was made prior to June 16, 2000: Applicable federal, state and foreign statute of limitations and repose for the Applicable Jurisdiction (as defined below). If Claimant's diagnosis was made on or after June 16, 2000: Three years after the later of, (i) Expiration of the tolling period (March 31, 2005) or (ii) the date of diagnosis of the asbestos-related disease. The filing deadlines outlined above are subject to the tolling provisions set forth below. What are the tolling periods? The filing deadline shall be tolled for the following periods: If Claimant's diagnosis was made prior to June 16, 2000: from June 16, 2000 through November 30, 2004 If Claimant's diagnosis was made on or after June 16, 2000: from June 16, 2000 through March 31, 2005 For Asbestos Claims filed against another defendant in the tort system: From the date such claim was filed in the tort system through the date the claim is resolved either through litigation or settlement. For Asbestos Claims filed with the NGC Bodily Injury Trust: From the date a claim is filed with the Trust until (i) 180 days after determination is made to the claimant by the Trust or (ii) 90 days after the claimant rejects the award rendered in non-binding arbitration. What is the Applicable Jurisdiction? The law of the state where the claimant filed a lawsuit against ACMC seeking recovery for an Asbestos Claim; or In the event no such lawsuit was filed, the law of the state in which the claimant was exposed to ACMC products or the state where the claimant resides.

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Payment Information What are the Allowed Liquidated Values? The Allowed Liquidated Values ("ALV's") are as follows: ALV for ERC Minimum ALV-IRC Baseline ALV IRC Maximum ALV Extraordinary Claims Only Factor of Average 50% 100% 400% Mesothelioma $22,500 $45,000 $180,000 Lung Cancer $3,750 $7,500 $30,000 Other Cancer $1,600 $3,200 $12,800 Non-Malignant I $1,000 $2,000 $8,000 Non-Malignant II $500 $1,000 $4,000 Non-Malignant III $250 NA NA NOTE: Non-Malignant III Claims may only be allowed as Expedited Review Claims ("ERC") What is the NGCBIT Payment Percentage? The NGCBIT Payment Percentage is currently 55.6%. How much of the ALV times the Payment Percentage will be paid after the Release & Indemnity is returned for an Allowed Claim? After a properly executed Release & Indemnity is received for an Allowed Claim, the claim will be paid the full amount of the ALV times the then current payment percentage. Is the payment percentage applied to all the disease ALVs? Yes, the payment percentage is applied to all the disease ALVs. Will my claim, if allowed, be paid in full? No. The NGC Trust Claims Resolution Procedures provides for the payment of your claim at the applicable NGC Bodily Injury Trust Payment Percentage. This means that your claim will be paid based on a percentage of its allowed amount. This percentage, called the NGC Bodily Injury Trust Payment Percentage, is established by matching the NGC Trust's anticipated assets against the asbestos claims forecast to be asserted against and allowed by the NGCBIT. The goal is to ensure every claimant filing with the NGCBIT, whether filed today or in the future, will receive an equivalent share of the NGCBIT's assets. How often will payments be made? Payments are scheduled on a biweekly basis. However if the volume of payments warrants a payment on a weekly basis, a weekly payment schedule will be instituted.

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Claims Submissions How can claim forms be obtained for filing a claim with the NGCBIT? Claim forms and filing instructions are available on this website by clicking the following link to download forms. Should I consult my own attorney regarding the filing of a claim against the NGC Trust? THE NGC TRUST DOES NOT PROVIDE LEGAL ADVICE AND THE INFORMATION CONTAINED ON THIS WEBSITE AND IN THE FORMS AND INSTRUCTIONS PROVIDED BY THE NGCBIT ARE NOT INTENDED TO, NOR DOES IT, CONSTITUTE LEGAL ADVICE. If you have an attorney, please consult with him or her for legal advice about whether you have a claim that might be allowed by the NGCBIT and, if so, how to comply with the requirements to file such claim. If I am represented by an attorney, may that attorney file the claim for me? Yes. Your attorney may file your claim for you. If your attorney has been certified by us to file claims electronically, he or she may file such claim electronically using this website. Otherwise, your attorney may file your claim as a paper claim form. The NGCBIT will require your attorney to certify that you have authorized him or her to file the claim on your behalf. If a claim has been filed for you, by your attorney, you may not file a claim on your own behalf as a pro se claimant. Some of the documents that your attorney will be required to submit on your behalf may have to be executed by you. Does the NGCBIT establish any limits on attorney fees? No, the NGCBIT does not establish any limits on attorney fees. What materials are needed to file a claim? Documentation supporting the claimed asbestos-related disease and the claimed exposure to NGC asbestos product(s) must be provided. Please refer to the applicable claim filing instructions for additional information. Click here to review these documents. What is the process for an Incomplete submission? When a filing is submitted with missing required data, exposure or medical documentation, the filing will be assigned an Incomplete status. Notification will be sent and the firm will have 90 days to submit the requested information; otherwise, the filing will be rejected. How are claims assigned for review? Section 3.2 of the Claims Resolution Procedures ("CRP") states, "Both ER and IR Claims will be processed in the order in which the claims are received." Therefore, claims are assigned for review based on a First-In First-Out ("FIFO") processing method. How soon, after I file my claim, can I expect it to be reviewed? Claim's review is based on FIFO processing order; therefore, earlier postmarked dates are reviewed sooner. The actual review date will depend upon the number of claims filed ahead of your claim. The Facility's goal is to perform the initial review within 30 days of receipt of documentation, review responses within 7 days and to review Releases within 2 days. If additional time is needed to respond to correspondence received by the NGCBIT, can an extension be granted? One extension of 60 days can be granted on a 1stDeficiency Letter. No extension can be granted on a 2ndDeficiency Letter. One extension of 90 days can be granted on a Notice of Determination - Allowance ("NODA") and or a Notice of Determination ("NODD"). A written request is required for all extensions; however, the request for an extension of an NODA or NODD must be received in writing along with an explanation of why curative information cannot be provided within the 180-day cure period. Further, these extensions must be requested prior to the expiration of the 180-day cure period. Are there other alternatives to receiving claim correspondence rather than receiving paper letters? The NGCBIT has the capability to send deficiency spreadsheet instead of paper or emailed deficiency letters. The spreadsheets provide 3 alternative means of data presentation to accommodate a wide range of integration with law firm computer systems. This alternative methodology is also available with NODA,NODD and Extension letters. For more information or to receive a sample spreadsheet, please contact the IT Department at IT@trustservices.org. How do I file an Extraordinary claim? A request for consideration as an Extraordinary Claim should be accompanied by a brief or other request for Extraordinary consideration, setting forth the basis of the amount of the request. The Extraordinary Pricing Model is based on scoring the underlying IR Claim and then using some of those same factors to provide additional scoring based on the brief or other request for Extraordinary Claims consideration. The Extraordinary Claims Review Panel, which consists of members designated by the Trustees, will make the final determination on all such requests. How do I withdraw a claim? A claim may be withdrawn at any time prior to the time that a Notice of Determination – Allowance or Notice of Determination – Disallowance is transmitted. Timely withdrawal preserves the existing status of the statute of limitations for the claim. To withdraw a claim, submit a written request to withdraw the claim. A request to withdraw a claim may also be submitted online by accessing the claim under the Claim Processing tab. To re-activate a claim, submit new documentation or a written request to re-activate the claim. Can I change the type of my claim after I have filed? The NGCBIT permits all but Non-Malignant III claims to be changed from ER to IR for in-process claims. Paid claims can only be changed from ER to IR if a disease upgrade is requested. If upgrading, additional medical documentation is required, including a smoking history. To request a claim type change for an in-process claim, submit the appropriate claim type change form. Claim type change claim forms may be obtained by clicking the following link to download forms. I am an attorney representing an Injured Party. What should I do if my client is diagnosed with an additional injury after I have already submitted the claim? The NGCBIT permits disease upgrades on in-process claims, paid claims or closed claims.For in-process claims, a claim may be upgraded from any of the non-malignant diseases to another non-malignant disease; from a non-malignant disease to any of the cancers; and from any of the Other Cancers to Lung Cancer or Mesothelioma. To request a disease upgrade for an in-process claim, submit the new medical documentation along with a cover letter requesting the claim be reviewed at the higher disease. For paid claims, a claim may be upgraded from any of the non-malignant diseases to another higher non-malignant disease; and from any of the non-malignant disease to a cancer. Paid claims may not be upgraded from one cancer to another cancer. To request a disease upgrade for a Paid or Closed claim, submit the appropriate disease upgrade form along with the new medical documentation supporting the upgraded disease. Upgrade claim forms may be obtained by clicking the following link to download forms. Paid or Closed claims which are upgraded will be given a new claim number and the date the upgrade form is submitted will be used as the new postmark date. Can the offer made by the NGCBIT be rejected? If so, how? The Injured Party, Claimant Representative or Attorney may reject an offer for a claim by checking the box and signing the second page of the NODA letter. By signing that page, the Injured Party is declining to accept the determination and is requesting informal mediation for ER Non-Malignant III claims or Alternative Dispute Resolution ("ADR") for IR claims. All other ER Claims must resubmit his/her claim as an IR Claim. The ADR Procedures are currently being drafted for trustee consideration. Once adopted, the ADR Procedures will be posted on the NGCBIT website. Why can't you release information about my claim to me if my claim has been filed by my attorney? The Trust can only provide information about a claim to the authorized representative provided on the claim form.

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Submitting Claim Documentation What methods are available for filing a claim with the NGCBIT? The facility supports the following three claim filing methods: onlinedata entry, electronic spreadsheet submissions and paper claims. Additionalinformation can be obtained regarding these filing methods by clicking here. What methods are available to submit supporting documentation for claims? The facility accepts supporting claim documentation through the following methods: uploaded via the website, scanned documentation submitted on CD's or DVD's, via email or paper documents. PAPER: It is helpful if all supporting paper documents are bundled together by claimant in a manner other than staples. ELECTRONIC: Scanned documents in either .tif or .pdf files can be submitted on CD's or DVD's with one folder per claimant. The folder name should be the claimant's Social Security Number ("SSN"), or the claimant's name in "Doe, John Q" format. SSN is the preferred folder name. The Trust's claims system matches claims based on Claimant Name and/or SSN, by Law Firm. SSN is always the most accurate way to match the information. Please Note: A paper copy of the Release & Indemnity with the original signature must be provided. If a Release is provided through any other submission method, it will be designated as a Non-Original Release. Scanned and paper supporting documentation should be shipped to the address below. Trust Services, Inc. Attn: Data Control 2716 Lee Street, Suite 500 Greenville, TX 75401 What is a verified work history? A verified work history is a work history that is derived from the claimant's Answers to Interrogatories ("AI") accompanied by the verification page from the AI. The verification page has to be signed by the claimant. A verified work history can also be a work history that is derived from an interview with the claimant and reviewing his or her exposure documentation accompanied by a verification page. Which occupations require an additional explanation? The following occupations are not typically associated with NGC asbestos exposure. Therefore, if the Injured Party worked in one or more of the occupations listed below, a description of how the Injured Party was exposed to NGC asbestos product(s) while working in that occupation must be provided. CODE OCCUPATION 4 Auto Mechanic 8 Brakeman 11 Carman 13 Caster 15 Chemical Operator 16 Chemist 17 Clerk/Clerical Worker/Office 18 Conductor 22 Diecaster/Maker 30 Foundry Worker 32 Glazer 33 Grinder 37 Instrument Technician 40 Laboratory Technician 43 Layout Man 44 Lead Man 54 Molder 57 Packer 63 Pot Worker 65 Pumper 66 Railroad Worker 70 Roughneck 71 Roustabout 78 Switchman What if my address changes while my claim is in the process of being reviewed? If you submitted your claim as a Pro Se claimant, provide the Trust with your new address in writing. If you are represented by an attorney, then provide your attorney with your new address. What if the law firm relocates or changes are made within the law firm after claims have been filed? Any changes in law firm information, such as address changes, contact changes, or email addresses, should be communicated to Linda Harrell, lharrell@trustservices.org, or (903)453-2167. What happens if the Injured Party dies after the claim was filed? If the Injured Party filed his or her Pro Se Claim the Trust needs to know the identity of the person who will now act on behalf of the deceased Injured Party. If the deceased Injured Party was represented by an attorney, then the attorney should be notified of the claimant's death. The appropriate documentation must be submitted designating the person or persons legally entitled to act as the Injured Party's Claimant Representative. Are there any physicians that are not accepted by the NGCBIT? The NGCBIT does not accept B-reads, diagnoses or other evidence fromany of the following physicians:Drs. James Ballard, Kevin Cooper, Todd Coulter, Ray A. Harron, Andrew Harron, Glynn Hilbun, Barry Levy, George Martindale, W. Allen Oaks or Ralph Michael Kelly.

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