Washington–Legislation moving settlement of asbestos claims outof the court system will face its first key test in the Senatetomorrow evening when supporters seek to win approval for floordebate of their bill.

If successful, the bill–the Fairness in Asbestos InjuryResolution (FAIR) Act, S. 852–will then face up to two weeks offloor debate, according to a schedule developed by Sen. ArlenSpecter, R-Pa., chairman of the Senate Judiciary Committee, its keydrafter and primary supporter.

The bill also has the support of Sen. Patrick Leahy, D-Vermont,ranking minority member of the committee.

Sens. Specter and Leahy moved the bill through the committeelast May, but getting it through the Senate will be tougher. If thebill gets hung up in the Senate, there is little likelihood of anylegislation being enacted by the Congress this year, according toSen. Specter. Despite this near ultimatum, analysts still give itless than a 50-50 chance of passage through the Senate.

Despite near-unanimous opposition from the insurance industry,ACE Ltd. is offering qualified support. In a conference call withinvestors on its 2005 results last week, Evan Greenberg, chiefexecutive of ACE, said, “We are actively supporting the legislativeprocess and believe that satisfactory trust fund legislation canemerge from it.”

Ace will extend its support if certain changes are made to themeasure, he said.

The bill also has the support of the Asbestos Study Group, whosemembers include General Electric, General Motors, Honeywell, Pfizerand Ford, as well as the National Association of Manufacturers.

Metropolitan Life also said it supports the bill.

The U.S. Chamber of Commerce said it “does have concerns” withaspects of the asbestos legislation reported out of the Judiciarypanel, “but we expect the legislation to be further refined as itmoves through the full legislative process, including the Senate,House and subsequent conference committee, so that the bestpossible bill can be enacted.”

But to win passage, it will have to run a gauntlet of majorenemies including most insurance trade groups, most insurers, triallawyers, the AFL-CIO and some consumer groups, including PublicCitizen. Most Democrats also oppose the bill, and conservativeRepublicans in the Senate are a potential stumbling block topassage.