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NGC Bodily Injury Trust
Administered by Trust Services,Inc.
Welcome to the NGC Bodily Injury Trust web site.
The NGC Bodily Injury Trust ("NGCBIT") became effective on August 6, 2003 for the purpose of resolving asbestos bodily injury liabilities of the National Gypsum Company. To assist you in filing a claim with NGCBIT, you are encouraged to review the information provided through this web site.
Recent Developments / Fast Links
- Notice of Redetermination of Payment Percentage (Posted November 16, 2011)
For much of 2011, the Trustees of the NGC Bodily Injury Trust (the “Trust”) have been concerned with the continued escalation in the filing of claims with the Trust noting that for 2007 – mid October 2011 filings for all diseases are 308% over the forecast for each of those years (253% over for mesothelioma filings). For 2011, filings for all diseases are 333% of the forecast for 2011 (239% over for mesothelioma filings). Earlier in 2011, the Trustees, with no objection from the Trust Advisory Committee (“TAC”) and Legal Representative (“LR”) reduced the Payment Percentage to 41%. However, with the continued increase in filings over forecast and continued volatility in investment markets, the Trustees commissioned a further interim forecast using data through October 16, 2011.
Based on the new forecast and calculations of the Payment Percentage under various assumptions by the Trust’s professional, the Trustees, on November 3, 2011, voted to further reduce the Payment Percentage to 18%. After extensive consultation, the TAC and the LR have stated that they will not object to the reduction based on the intent of the Trustees to have a further forecast and recalculation of the Payment Percentage in early 2012 based on claims data through December 31, 2011.
Also after consultation with the TAC and LR, the Trustees determined that claims allowed before November 3, 2011 would be paid based on the Payment Percentage of 41% only if the Trust receives properly executed Release & Indemnity and all other curative information on or before Monday, December 19, 2011.
For claims allowed on or after November 3, 2011 and for claims allowed before November 3, 2011 for which the Release & Indemnity is received after Monday, December 19, 2011 will be paid based on the Payment Percentage of 18%.
Please contact Miranda Wooldridge (mwooldridge@trustservices.org) or Tiffany Nieto (tnieto@trustservices.org) if you have any questions.
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Past Announcements
- Temporary Audit Hold(Posted October 31, 2011)
The Trustees of the NGC Bodily Injury Trust, after consultation with the Trust Advisory Committee and the Legal Representative for Unknown Claimants, asked the Claims Facility to temporarily place claims in an audit hold while a review is conducted of certain policies and payment levels. It is expected that this audit hold will not last more than three weeks. The claims facility staff will continue to process executed Release & Indemnity forms, responses to deficiencies and claims ready for first-time review.
- October 14, 2011 Deadline for Receipt of Executed Releases (Posted September 7, 2011)
On July 14, 2011, the Trustees of the NGC Bodily Injury Trust (the “Trust”) approved a reduced payment percentage of 41.0%. In conjunction, the Trustees also approved the following exception:
All offers previously made through the issuance, prior to April 14, 2011, of Notices of Determination - Allowance ("NOD-A") with the accompanying Release & Indemnity, specifically including the significant number of offers that have now been outstanding past the 180-day response due date stated in the NOD-A, will be paid based on the Payment Percentage of 55.6% as long as the properly executed Release & Indemnity and all other curative information is received by the Trust on or before October 14, 2011.
The original signed release and all other curative information must be received by October 14, 2011 in order to comply with the Trustee’s exception above. Otherwise, if the original signed release and all other curative information is received on or after October 15, 2011, the claim will be revised to reflect the reduced payment percentage of 41.0%. All claims allowed after April 14, 2011 reflect the reduced payment percentage in the NOD-A. Please contact Miranda Wooldridge (mwooldridge@trustservices.org) or Tiffany Nieto (tnieto@trustservices.org) if you have any questions.
- Notice of Payment Percentage Redetermination (Posted July 14, 2011)
Since the end of 2010, the Trustees of the Trust have worked with professionals and Trust staff to determine the Trust’s claim liability, reasonable future investment return, projected Trust expenses and other factors that are relevant to determining the Payment Percentage in accordance with Sections 2.2 and 3.2 e of the Claims Resolution Procedures always cognizant of the Trust’s mandate to “treat similar claims with similar circumstances as equivalently as possible” (CRP Section 1.1.)
After a series of meetings to discuss input from the professionals, Legal Representative and members of the TAC, the Trustees voted unanimously to reduce the Payment Percentage from 55.6% to 41.0%.
To read the entire Notice to Claimant’s Counsel, please click here.
Website Support Documents It is our intention to provide claimants and claimant representatives with efficient, user-friendly alternatives to process asbestos-related claims. If at any time you feel that we are not meeting this goal, we encourage you to contact the facility.
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