Georgia Votes To Restrict Asbestos Suits

By Michael Ha

NU Online News Service, March 18, 3:06 p.m. EST?An insurance trade group said today it is hopeful that Georgia's governor will sign a measure passed by the legislature that would bar asbestos lawsuits by persons who have not shown signs of injury.[@@]

The American Insurance Association said they believed the measure would get the signature of Gov. Sonny Perdue because he has expressed himself in favor of litigation reform.

Gov. Perdue's office said the governor has not yet taken a position on the asbestos medical criteria bill given final approval by the General Assembly yesterday and that he will take time to review the measure during the upcoming bill-signing period before making his decision.

Gov. Perdue's spokesman Derrick Dickey explained, "We have not had an opportunity to review the bill at this time. The governor's office has not taken a position on the bill. It's not part of our legislative package."

Mr. Dickey said Gov. Perdue will sign the bill or veto it upon review during the 40-day bill signing period beginning April 1. The bill, if the governor decides to approve it, would be signed between April 1 and mid-May, Mr. Dickey said.

The asbestos medical criteria legislation, H.B. 416, will require asbestos claimants to meet a minimum level of medical criteria before filing any legal action.

The bill also tolls the statute of limitations, so that individuals who don't yet show signs of impairment will be able to file a claim when and if they ever do get sick. H.B. 416 also requires that those who file claims in Georgia must show that they were either exposed to asbestos in the state or are residents.

AIA commented that this bill could ensure in Georgia that those who are truly sick from asbestos exposure will be fully compensated, instead of being forced to compete for claims dollars with the growing number of claimants who are not currently sick or who have had minimal exposure.

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