How does a firm/claimant file a claim with Keene Creditors Trust?
Information about this process can be found under the Keene Trust Claim Filing Instructions page available in the left navigation menu.
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What documentation needs to be submitted to support filing a claim?
Any supporting documents for exposure and/or medical should be supplied with the proof of claim form at the time of submission. Additionally, if applicable, a claim filing may require the following documents: (i) Death Certificate, (ii) Certificate of Official Capacity (if personal representative is filing form), (iii) medical records as requested in the claim filing instructions, (iv) proof of Keene Corporation exposure as set out in the instructions, (v) copy of cover sheet of complaint and/or (vi) copy of W-2 and first page of IRS Form 1040 (if applicable).
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Does a law firm need to execute an e-File Agreement for each Trust affiliated with the CPF?
No. The CPF e-File Agreement applies to all Trusts affiliated with the CPF that have elected to institute the CPF e-File Agreement for their Trust's electronic filing option. However, United Gilsonite Laboratories Asbestos Personal Injury Trust (UGL Trust) also requires execution of a separate electronic filing agreement which may found at www.ugltrust.com.
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Is there a formal exigent health program?
There is no formal exigent health program. However, as a matter of procedure the Keene Trust places living mesothelioma claims at the front of the FIFO queue. For all other malignancies, the Trust requires a current affidavit or declaration from the treating physician that indicates the claimant has terminal health circumstances.
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Does Keene Creditors Trust allow second injury claims to be filed?
Yes. Any claimant who receives a payment for a non-malignant asbestos injury may file a personal injury claim for an asbestos-related malignancy that is diagnosed subsequent to signing the release for the non-malignant disease settlement. Any additional payments to which such claimant may be entitled shall not be reduced by the amount of the prior payment for a non-malignant disease.
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Will the suspension of Disease Categories 6 and 7 ever be lifted?
The Trust will be paying claims in Disease Categories 1-5 and not accepting claims in Category 6 or Category 7 at this time. Though the Trustees do not currently foresee events that would cause the Trust to pay these Disease Categories, if at some time in the future it is appropriate to pay claims in one or both of these disease categories, the statute of limitations for claims in these Disease Categories will be deemed tolled until such time as the Trust lifts the suspension.
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Can I file a claim for a non-occupationally exposed person (i.e. bystander exposure)?
Under Section 5.3(a) of the First Amended Claims Resolution and Trust Distribution Procedures, only a non-occupationally exposed mesothelioma injury claimant may file a claim for an injury resulting from exposure occurring through an occupationally exposed person.
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What are the filing options?
There is an Expedited Review and Individualized Review. However, the First Amended Claims Resolution and Trust Distribution Procedures provide for an Expedited Review claim process for all disease categories except Category 3 - Lung Cancer, Level I. Expedited Review provides for a scheduled value amount by disease category multiplied by the current payment percentage. Lung Cancer, Level I must select an Individualized Review claim process. These claims are claims that do not meet the minimal medical and/or exposure requirement of Lung Cancer, Level II claims. All claims in this Disease Category will be individually evaluated. Claimants having their claim reviewed under Expedited Review only need to complete parts 1 - 5 and 9 of the claim form. Those claimants who are required to file under Individualized Review must also complete parts 6, 7, 8 and 9 of the claim form.
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What type of claims can have an Expedited Review? Individual Review?
All disease categories, except Category 3 - Lung Cancer, Level 1, receive the Expedited Review process. Category 3 - Lung Cancer, Level 1 is reviewed under the Individual Review process.
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Why is Individualized Review restricted to Category 3 Lung Cancer Level 1?
Due to the limited assets and resources of the Trust, it is essential that the Trust's administrative and claims processing costs are kept to a minimum. The Trust's Expedited Review process is designed to provide expeditious, efficient and fair methods for the liquidation of claims. However, the Category 3 - Lung Cancer, Level I claims do not meet the minimal medical and exposure requirement of Category 2 - Lung Cancer, Level II claims and, therefore, require a more individualized review. Particularly, these claims do not require a diagnosis of an asbestos-related underlying lung disease or Significant Occupational Exposure. Without evidence or markers of asbestos exposure noted by an underlying disease, the causal connection between lung cancers and asbestos is much more tenuous and requires a more in-depth review and analysis.
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