Florida Panel Approves Asbestos Suit Reforms

By Matt Brady

NU Online News Service, April 1, 3:58 p.m. EST?A Florida House committee has given its approval to legislation aimed at revising civil litigation rules for cases involving asbestos and silica exposure lawsuits.[@@]

Under the legislation voted by the House Civil Justice Committee, known as House Bill 1019, potential plaintiffs in asbestos and silica-related lawsuits will have to meet a minimum level of medical criteria before they are allowed to file suit.

Additionally, those wishing to file their cases in a Florida court will have to show evidence that they are residents of the state or that the exposure to asbestos or silica occurred in Florida.

However, the legislation also eliminates the statute of limitations for filing an asbestos or silica lawsuit, allowing those that are not currently ill to file a suit later should they start showing symptoms of asbestos or silica-related illness.

"There is a pressing need to return the asbestos claims and litigation process in Florida to a fair and equitable method for compensating those who are truly sick," said Cecil Pearce, vice president for the Southeast region for the American Insurance Association.

Mr. Pearce added, "Certain jurisdictions in the state have become magnets for dubious asbestos-related claims. This legislation puts those who are truly ill and have a legitimate right to bring their claim in Florida at the head of the line."

Currently, Ohio is the only state that requires plaintiffs to show evidence of illness before they can file a lawsuit, and the Florida bill is modeled on that legislation. The Georgia legislation passed a similar bill earlier this year, which is awaiting action by Gov. Sonny Perdue, and bills have also been introduced in Missouri, Texas and West Virginia.

"It is very important for state legislatures to step up to the plate and address this since legislation at the federal level has stalled," said William Stander, regional manager for the Property Casualty Insurers Association of America (PCI).

He added that, "As a result of the asbestos litigation explosion, resources needed to compensate truly injured people are steadily being depleted.

"The heart of the problem is that the vast majority of asbestos lawsuits are being filed on behalf of people who are not sick. We are urging the legislature to support this and other tort reform measures that will bring about greater fairness in the Florida civil justice system."

The measure, which is part of a broader tort reform agenda supported by the business community in Florida and Gov. Jeb Bush, will now move to the House Judiciary Committee, which has not yet scheduled a hearing on the bill.

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Florida Panel Approves Asbestos Suit Reforms

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