Courts of this state shall construe this part liberally with regard to successors.
Terms Used In Utah Code 78B-4-607
Asbestos claim: means a claim, wherever or whenever made, for damages, losses, indemnification, contribution, or other relief arising out of, based on, or in any way related to asbestos, including:
(a)
the health effects of exposure to asbestos, including a claim for:
(i)
personal injury or death;
(ii)
mental or emotional injury;
(iii)
risk of disease or other injury; or
(iv)
the costs of medical monitoring or surveillance;
(b)
a claim made by or on behalf of a person exposed to asbestos, or a representative, spouse, parent, child, or other relative of the person; and
(c)
a claim for damage or loss caused by the installation, presence, or removal of asbestos. See Utah Code 78B-4-602
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
Successor: means a corporation that:
(a)
(i)
assumes or incurs or has assumed or incurred successor asbestos-related liability;
(ii)
is the successor corporation after a merger or consolidation; and
(iii)
became a successor before January 1, 1972; or
(b)
is a successor corporation of a corporation described in Subsection (3)(a). See Utah Code 78B-4-602
Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2)
This part shall apply to an asbestos claim filed against a successor on or after May 8, 2012. This part shall apply to a pending asbestos claim against a successor in which trial has not commenced as of May 8, 2012, except that any provision of this part that would be unconstitutional if applied retroactively shall be applied prospectively.
