Florida, Texas Asbestos Bills Progress

By Steve Tuckey

NU Online News Service, April 25, 11:36 a.m. EDT?Asbestos-silica legislation aimed at establishing medical criteria as the basis for lawsuits made progress last week in the Florida and Texas legislatures.[@@]

On Friday, the Florida House of Representatives approved insurance industry-approved legislation. It now awaits passage in the Senate.

"The legislature has been considering a broad range of worthy civil justice reforms this session, and we applaud [ Florida] House members for keeping the focus on the current abuses in asbestos legislation," said Cecil Pearce, vice president of the Washington D.C.-based American Insurance Association.

The Florida Senate is considering a similar measure, and Mr. Pearce is hopeful that the two chambers can come to an agreement in the next couple of weeks before the end of the session.

The Texas Senate State Affairs Committee has voted unanimously to approve an asbestos-silica measure, and the Texas House is expected to approve it before the session ends May 30.

Joe Woods, assistant vice president for the Des Plaines, Ill.-based Property Casualty Insurers Association of America (PCI), said the Texas legislation finds the right balance.

"The individual who is ill has the ability to receive just compensation," he said.

Both the Florida and the Texas measures establish medically accepted criteria for claimants suffering from an asbestos-related or silica-related illness. And both eliminate the statute of limitations for those who have been exposed to the substances but remain unimpaired so that their rights will be preserved should they develop symptoms.

Mr. Woods said that in Texas the number of new lawsuits filed has increased dramatically. "It is estimated that up to 90 percent of the cases are filed by people who are not impaired," Mr. Woods said. "This situation drains resources that would be available to aid individuals who are truly sick, clogs the court system, and can bankrupt defendants."

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