eLaws of Florida

  SECTION 774.002. Definitions.  


Latest version.
  • 1(1) 2“Asbestos claim” means any 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:
    32(a) 33The health effects of exposure to asbestos, including any claim for:
    441. 45Personal injury or death;
    492. 50Mental or emotional injury;
    543. 55Risk of disease or other injury; or
    624. 63The costs of medical monitoring or surveillance, to the extent these claims are recognized under state law;
    80(b) 81Any 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
    107(c) 108Any claim for damage or loss caused by the installation, presence, or removal of asbestos.
    123(2) 124“Corporation” means a corporation for profit, including a domestic corporation organized under the laws of this state, or a foreign corporation organized under laws other than the laws of this state.
    155(3) 156“Successor” means a corporation that assumes or incurs, or has assumed or incurred, successor asbestos-related liabilities.
    172(4) 173“Successor asbestos-related liabilities” means any liabilities, whether known or unknown, asserted or unasserted, absolute or contingent, accrued or unaccrued, liquidated or unliquidated, or due or to become due, which are related in any way to asbestos claims and were assumed or incurred by a corporation as a result of or in connection with a merger or consolidation, or the plan of merger or consolidation related to the merger or consolidation, with or into another corporation, or which are related in any way to asbestos claims based on the exercise of control or the ownership of stock of the corporation before the merger or consolidation. The term includes liabilities that, after the time of the merger or consolidation for which the fair market value of total gross assets is determined under s. 304774.004 305were or are paid or otherwise discharged, or committed to be paid or otherwise discharged, by or on behalf of the corporation, or by a successor of the corporation, or by or on behalf of a transferor, in connection with settlements, judgments, or other discharges in this state or another jurisdiction.
    356(5) 357“Transferor” means a corporation from which successor asbestos-related liabilities are or were assumed or incurred.
History.-s. 2, ch. 2005-269.

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