Kaiser Gypsum Asbestos PI Trust

Insured Asbestos Claims

For Insured Asbestos Claims, the Trust determines the applicable first-exposure-date deductible and applies the then-current Payment Percentage to the amount owed. The TDP's listed insured-claim tiers end on March 31, 1983; claims with later first-exposure dates follow the Uninsured Asbestos Claims provisions.

The then-current Payment Percentage is applied after the TDP determines the applicable deductible and other amounts owed.

Uninsured Asbestos Claims

For Uninsured Asbestos Claims, the Trust determines liquidated value with reference to the Debtors' pre-petition tort-system history and the valuation data in that history. The TDP does not publish a disease-level scheduled-value matrix.

Uninsured Asbestos Claims

For an Uninsured Asbestos Claim that satisfies the TDP's tolling conditions and was not already barred, the TDP treats the claim as timely if filed within three years after the six-month anniversary of the Initial Claims Filing Date. For an Uninsured Asbestos Claim first diagnosed after the Petition Date, the filing window is three years after diagnosis or three years after the Initial Claims Filing Date, whichever occurs later.

Uninsured Portion of an Insured Claim

A claim for the uninsured portion of an Insured Asbestos Claim must be filed within three years after the applicable insurer paid the claim—or, if no insurer payment was due, settled it.