In a 32 to 8 vote, the Florida Senate enacted asbestos and silica litigation legislation that previously had been approved by the state's house. The Asbestos and Silica Compensation Act, HB 1019, requires physical impairment as an essential element of a claim, and outlines criteria for evidence of physical impairment. In addition, the bill specifies limitation periods for certain claims and limits damages.
"The asbestos litigation reform legislation is a major victory for those impaired by asbestos or silica and the Florida civil justice system," said William Stander, regional manager for the Property Casualty Insurers Association of America. "The volume of asbestos cases in Florida, as in many other states, has clogged the court system and drained resources that would be available to aid truly impaired individuals."
Florida follows Georgia and Ohio as the first states to enact asbestos litigation reforms. In Texas, similar legislation has received senate approval and is awaiting a vote by the full house.
"While Congress is struggling to develop a comprehensive solution to the asbestos litigation crisis, states are stepping in to address the issue in a fair and effective manner," noted Ernie Csiszar, PCI's president and CEO.
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