§ 8368.6. Applicability and construction.

254 words·~1 min read·/pa/title-42/chapter-83/8368-6

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(a)Applicability.-- This subchapter shall not apply to any of the following:

(1)An asbestos claim for which the applicable period of limitation commenced on or before the effective date of this section.

(2)Workers' compensation benefits paid to an employee under the act of June 2, 1915 (P.L.736, No.338), known as the Workers' Compensation Act, or a comparable workers' compensation law of another jurisdiction.

(3)A claim against a business entity that does not constitute a successor asbestos-related liability.

(4)An insurance business entity under 15 Pa.C.S. Ch. 31 (relating to insurance corporations).

(5)Obligations arising under the National Labor Relations Act (49 Stat. 449, 29 U.S.C. § 151 et seq.) or under a collective bargaining agreement.

(6)A claim against a successor business entity that, after a merger or consolidation, continued in the business of mining asbestos, in the business of selling or distributing asbestos fibers or in the business of manufacturing, distributing, removing or installing asbestos-containing products that were the same or substantially the same as those products previously manufactured, distributed, removed or installed by the transferor.

(b)Construction.-- Nothing in this subchapter shall affect the scope or effect of 15 Pa.C.S. § 1929.1 (relating to limitations on asbestos-related liabilities relating to certain mergers or consolidations). Limitations under 15 Pa.C.S. § 1929.1 shall continue to apply to all asbestos claims.

42c8371h

SUBCHAPTER G

SPECIAL DAMAGES

Sec.

8371. Actions on insurance policies.

Enactment. Subchapter G was added February 7, 1990, P.L.11, No.6, effective July 1, 1990.

42c8371s