Iowa Code 686B.8 – Statute of limitations — two-disease rule
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Terms Used In Iowa Code 686B.8
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
- Rule: includes "regulation". See Iowa Code 4.1
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
- Statute: A law passed by a legislature.
686B.8 Statute of limitations — two-disease rule.
1. With respect to an asbestos action or silica action not barred by limitations as of July 1,
2017, an exposed person‘s cause of action shall not accrue, nor shall the running of limitations commence, prior to the earliest of the following:
a. The exposed person received a medical diagnosis of an asbestos-related impairment or silica-related impairment.
b. The exposed person discovered facts that would have led a reasonable person to obtain a medical diagnosis with respect to the existence of an asbestos-related impairment or silica-related impairment.
c. The date of death of the exposed person having an asbestos-related impairment or silica-related impairment.
2. This section shall not be construed to revive or extend limitations with respect to any claim for asbestos-related impairment or silica-related impairment that was otherwise time-barred as of July 1, 2017.
3. An asbestos action or silica action arising out of a nonmalignant condition shall be a distinct cause of action from an action for an asbestos-related cancer or silica-related cancer. Where otherwise permitted under state law, no damages shall be awarded for fear or increased risk of future disease in an asbestos action or silica action.
2017 Acts, ch 11, §17
1. With respect to an asbestos action or silica action not barred by limitations as of July 1,
2017, an exposed person‘s cause of action shall not accrue, nor shall the running of limitations commence, prior to the earliest of the following:
a. The exposed person received a medical diagnosis of an asbestos-related impairment or silica-related impairment.
b. The exposed person discovered facts that would have led a reasonable person to obtain a medical diagnosis with respect to the existence of an asbestos-related impairment or silica-related impairment.
c. The date of death of the exposed person having an asbestos-related impairment or silica-related impairment.
2. This section shall not be construed to revive or extend limitations with respect to any claim for asbestos-related impairment or silica-related impairment that was otherwise time-barred as of July 1, 2017.
3. An asbestos action or silica action arising out of a nonmalignant condition shall be a distinct cause of action from an action for an asbestos-related cancer or silica-related cancer. Where otherwise permitted under state law, no damages shall be awarded for fear or increased risk of future disease in an asbestos action or silica action.
2017 Acts, ch 11, §17