NGC Bodily Injury Trust

• Restated Exposure Policies
  • Restated Exposure Policies  (Revised November 2013)
• 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?  (Revised November 2013)
  • 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 any 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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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? (Revised November 2013)
  
  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.

For Asbestos Claims filed with the NGC Bodily Injury Trust after September 5, 2012 through March 31, 2014 (Revised Restated Exposure Policy):

• • • The calculation of the deadline to file a claim under §2.1c. or §2.1d. of the CRP will be tolled from September 6, 2012 through March 31, 2014.
• 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:

• 
  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 40%.
• 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 monthly basis. However if the volume of payments warrants a payment sooner, the payment schedule will be adjusted accordingly.

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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 submission is filed with missing required data, exposure or medical documentation, the submission will be assigned an Incomplete status. Notification will be sent and the firm will have 365 days to submit the requested missing information; otherwise the submission will become Rejected. For more information regarding Incomplete submissions, please see the Incomplete Submissions Process reference document on the Documents page of the NGCBIT Website.
• 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?
  
  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. Please note the following rules 1) 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 and 2) a claim can only be withdrawn once. Timely withdrawal preserves the existing status of the statute of limitations for the claim. To re-activate a withdrawn 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 posted on the Documents page of 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 may only provide information about a claim to the authorized claimant representative as named in the claim form, in this example, your attorney.

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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: online data entry, electronic spreadsheet submissions and paper claims. Additional information 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 under the Pre-Restated Exposure Policies?
  
  For Pre-Implementation Date claims, 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.

• 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 Trust Support.
• 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 from any 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.
  
  The NGCBIT determined the following with regard to the acceptance of medical diagnoses and ILO reports originated by Dr. Bass and Dr. Levine:
  • No diagnosis or ILO report by Dr. Jeffrey H. Bass is accepted by the Trust.
  • No diagnosis by Dr. Richard Barry Levine is accepted by the Trust.
  • ILO reports by Dr. Richard Barry Levine are accepted by the Trust.

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Responses for Individuals Considering Filing Their Claim without Benefit of Legal Counsel

THE NGC BODILY INJURY 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 which would be allowed by the NGC Bodily Injury Trust and, if so, how to comply with the requirements to file such claim.

• If I am not represented by an attorney, may I file a claim electronically through this website?
  
  No. If you are not represented by an attorney, you must submit a paper claim form. You have the option to submit an Expedited Review Claim or an Individualized Review Claim. To obtain a Pro Se Claim Packet, please contact Trust Support.