Texas Asbestos Bill Passage Likely

National Underwriter
Published March 22, 2005

A Texas bill aimed at curbing asbestos and silica injury lawsuits will likely see favorable action before the beginning of next month, said one insurance lobbyist. Sen. Kyle Janek, R-Houston, introduced a measure last week that would permit only people who have a serious illness caused by the inhaling of asbestos or silica (a sand byproduct created by sandblasting) to sue companies involved with those materials. The bill also eliminates time limitations on the filing of such lawsuits so that people who have been exposed to asbestos or silica fibers, but who are not yet sick, can sue if they contract a related illness. John Marlow, assistant vice president for the American Insurance Association, said the bill introduced in the 2003 session used the so-called "inactive" court docket approach to curb suits in which potential claimants formally filed suit, but the action was left in limbo until symptoms developed. That bill fell just two votes short of attaining the two-thirds majority to reach the Senate floor. "We feel this new approach of eliminating the statute of limitations has more support," Mr. Marlow said. "We are hopeful that we could see favorable action in the early part of April." Republicans control both houses of the legislature, as well as all statewide elective offices, Mr. Marlow noted. AIA spokesperson Brenda O'Connor said the measure is just one of several like proposals under consideration in statehouses across the country. In addition to Texas, Florida, West Virginia, Maryland and Georgia have similar bills pending in their statehouses, Ms. O'Connor said. Ohio lawmakers have already approved such legislation. "We are very encouraged by the movement of the states on this issue," Ms. O'Connor said. The Maryland House Judiciary Panel will hold a hearing tomorrow on a bill that would create a cause of action stemming from a latent disease when the symptoms occur, rather than when the exposure took place. A January study by the Washington-based Environmental Working Group estimates that nearly 1,000 Texans a year will die from asbestos-related diseases between 2015 and 2020. According to a RAND Institute study, more than 600,000 asbestos-related lawsuits have been filed in the U.S., which have resulted in estimated costs of $54 billion.