NMBFiL FAQs

NMBFiL Claim Filings Questions

Questions & Answers

How does a firm/claimant file a claim with the NMBFiL Trust?

The NMBFiL Trust is only accepting paper claims. Submit completed paper claims to:

Claims Processing Facility, Inc.
1771 West Diehl Road, Suite 220
Naperville, IL 60563

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Do I need an attorney to file my claim so I can be paid?

No, a claimant not represented by an attorney may request a Claim Form for Filing from the CPF by mail or e‐mail.

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What documentation needs to be submitted to support filing a claim?

Any supporting documents for exposure and/or medical evidence 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 or other estate documentation (if personal representative is filing form), (iii) medical records as required by the Asbestos PI Trust Distribution Procedures (“TDP”), (iv) proof of NMBFiL exposure as defined in section 5.5 (b) of the Trust Distribution Procedures ("TDP"), and/or (v) documentation of Economic Loss.

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How do I register for an online account?

The NMBFiL Trust is a very limited fund trust that is only accepting paper filed claims. You cannot file electronically. However, for firms that that have electronic filer agreement executed you may receive electronic notifications of your NMBFiL claim deficiencies and offers and releases. A firm may also receive payments via ACH. A law firm may request that CPF provide access to its electronic notifications online reporting system by executing the Electronic Filer Agreement. Complete instructions for using the electronic filing system are available for viewing, downloading and printing from the Trust’s website at www.nmbfilasbestostrust.com or www.cpf‐inc.com.

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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 use CPF e‐File system in any capacity. There is no electronic filing option for NMBFiL claims, but firms that submit NMBFiL claims and have submitted an e-File Agreement may use the CPF e‐File system for other purposes, such as to check claim status, for electronic notifications, to upload releases and additional claim documentation, for commercially reasonable electronic signatures, for ACH payments, etc.

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Is there a filing fee to file an NMBFiL Claim?

No.

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Does NMBFiL Trust have a deferral policy?

Yes.  A claimant can request that the processing of his or her Trust Claim be deferred for a period not to exceed three (3) years without affecting the status of the claim for statute of  limitations purposes, in which case the claimant shall also retain his or her original place in the FIFO Processing Queue.  See Section 6.3 of the TDP.

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How do I activate a previously deferred claim?

A claimant can activate the processing of his or her Trust Claim at any time upon written notice to the Trust as long as the claim is still within the three‐year deferral period.  See Section 6.3 of the TDP.

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How do I withdraw a claim?

A claimant can withdraw an active Trust Claim at any time upon written notice to the Trust and file another claim subsequently without affecting the status of the claim for statute of limitations purposes, but any such claim filed after withdrawal shall be given a new place in the FIFO Processing Queue.  See Section 6.3 of the TDP.

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Is there a formal exigent health program?

No.

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For what injuries may a claim be filed with the NMBFiL Trust?

Claimants may file claims for Mesothelioma or any of the other disease levels provided in the TDP. At this time, however, the Trust is only processing Mesothelioma claims. Other disease category claims may be filed at this time, but will be placed on administrative hold and not reviewed at this time. Pursuant to Section 1.1 of the NMBFiL TDP, for the next two (2) years following expiration of the  statute of limitations (i.e., November 30, 2023), the Trust will only process claims for Mesothelioma.  After compensating Mesothelioma claimants, the NMBFiL Trust will forecast its liability for pending and future claims, and then determine whether there are sufficient funds to provide for the payment of other Diseases, although the Trust does not expect to have sufficient funds to pay other Diseases.  The Trust has not yet approved the medical documentation necessary to establish a compensable disease other than Mesothelioma.  If, after compensating Mesothelioma claimants following the process set forth in the TDP, there are sufficient funds to pay other Diseases, the Trust will establish medical‐documentation criteria for other Diseases and reserves the right to request additional documentation from claims previously submitted under the criteria listed below for other Diseases.

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What are the filing options?

All Trust Claims shall undergo the Individual Review Process. See Section 5.2(b) of the TDP.

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NMBFiL Offers and Releases Questions

Questions & Answers

What is required to issue a death and survivorship release?

The NMBFiL Trust requires a death certificate and the name of a personal representative for the estate. If no estate was probated, please use the certification and warranty form located here.

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How often are offers/releases issued?

Initial offers are made once a month.  Reprinted offers are issued periodically.

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Can a release be signed electronically or does a paper copy have to be returned?

A law firm that is enabled on the CPF e‐File system may receive releases electronically.  In order to process a NMBFiL Trust settlement, a properly executed paper copy of the release needs to be returned to the CPF via mail, facsimile or electronic mail.  The Trust will accept readable e‐mailed and facsimile copies of the executed release – the original release need not be returned but should be  retained by the person submitting the claim. If a law firm has executed an electronic filer agreement (EFA), a release may be executed using a commercially accepted e‐signature tool.

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How much time does a firm/claimant have to return a release?

Although the First Amended Claims Resolution and Trust Distribution Procedures require a claimant to return an executed release within six months or the claim will be deemed withdrawn, the Trust has decided not to enforce this policy at this time. 

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When are claim settlement payments made?

Claim payments are normally issued within 30 days from the receipt of a properly executed release.

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How does a firm/claimant dispute an offer?

Questions or clarifications of claim deficiencies, valuations or other Trust actions may be addressed in writing to the NMBFiL Asbestos Trust.  All unresolved disputes over a claimant’s medical condition, exposure history, and/or the validity or liquidated value of a claim shall be subject to mediation and/or binding or non‐binding arbitration pursuant to Section 5.8 of the TDP, at the election of the claimant, under the Alternative Dispute Resolution Procedures to be adopted by the Trust. NMBFiL Trust Claims that are the subject of a dispute with the Trust that cannot be resolved by non‐binding arbitration may enter the tort system as provided in Sections 5.9 and 7.6 of the TDP.  However, if and when a claimant obtains a judgement in the tort system, the judgment shall be payable (subject to the Payment Percentage, Maximum Available Payment provisions) as provided in Section 7.7 of the TDP.

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What is the NMBFiL Trust payment percentage?

Under Section 1.1 of the NMBFiL TDP following the Assessment Period (as defined in Section 1.1), the Trust shall evaluate both the Payment Percentage and the Maximum Value for Mesothelioma claims.   Until this evaluation is completed, no offers will be made.  For two years following this determination, the only Disease level to be resolved pursuant to the TDP is Mesothelioma. 

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NMBFiL Review Questions

Questions & Answers

What is the definition of a physical examination?

A physical examination includes a basic inspection of the patient by a physician for physical signs and symptoms of a disease or abnormality.  The practical application of this definition includes a meeting between a physician and patient in an examination area where the physician proceeds to inspect the patient with the standard of care appropriate for examinations related to suspected asbestos‐related diseases.  The examining physician should also indicate that he or she performed or reviewed reports of B‐Reading, pulmonary function testing, or pathology tests on which his or her opinion of the patient's condition is based.

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What does "Credible Evidence of Exposure" mean?

Claimant must demonstrate meaningful and credible exposure, which occurred prior to December 31, 1982, (a) to an asbestos‐containing product sold, distributed, marketed, handled, processed, or manufactured by NMBFiL or for which NMBFiL otherwise had legal responsibility or (b) to conduct for which NMBFiL has legal responsibility that exposed the claimant to an asbestos‐containing  product.  That  meaningful and credible exposure evidence may be established by an affidavit or sworn statement of the claimant (based on personal knowledge); an affidavit or sworn statement of a family member (based on  personal knowledge); an affidavit or sworn statement of a co‐worker (based on personal knowledge); by invoices, employment, construction or similar records; or by other credible evidence. The specific exposure information required by the Trust to process a claim shall be set forth on the proof‐of‐claim form to be used by the Trust. The Trust can also require submission of other or additional  evidence of exposure when it deems such to be necessary, including without limitation product testing or other similar indicia to demonstrate that the asbestos containing product to which the claimant was exposed was contaminated with asbestos. The Trust shall seek to refrain from applying new or modified exposure criteria to claimants who die (or who have submitted an affidavit of exposure by an affiant who dies) during the pendency of such claimant’s claim review. See Section 5.5(b)(1)(B)

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With regard to Product Identification, are there "presumptive" industries for the NMBFiL Trust?

There is no presumption of product at a site. Because of the nature of the Bondo product, each individual claim must provide independent product identification.  The product identification can be made through sales invoices, inventory records, deposition testimony, interrogatories or affidavit testimony.  If the identification is through interrogatories or testimony, the identification cannot be hearsay and must provide a foundation of personal knowledge that establishes how the identification was made and how, in fact the identifier knew the product was a Bondo product.

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Do NMBFiL Trust claims ever get permanently disallowed or dismissed?

Yes, however, the Trust has not yet established a deadline for a claimant to cure deficiencies in their claim.  The Trust may at a later date reconsider this position.  Additionally, under Section 6.3 of the First Amended Claims Resolution and Trust Distribution Procedures, a claimant may elect to withdraw a claim at any time.  A claim that is withdrawn or deemed withdrawn may be refiled at any time, and shall be ordered in the FIFO queue based upon the receipt by the Trust of the refiled claim.

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Is there an ADR program for neutral evaluation of the value of a case or validity disputes?

Yes.  See 5.8 of the First Amended Claims Resolution and Trust Distribution Procedures.

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How does a firm/claimant dispute a denied claim?

Questions or clarifications of claim deficiencies, valuations or other Trust actions may be addressed in writing to the NMBFiL Asbestos Trust.  All unresolved disputes over a claimant’s medical condition, exposure history, and/or the validity or liquidated value of a claim shall be subject to mediation and/or binding or non‐binding arbitration pursuant to Section 5.8 of the TDP, at the election of the claimant, under the Alternative Dispute Resolution Procedures to be adopted by the Trust. NMBFiL Trust Claims that are the subject of a dispute with the Trust that cannot be resolved by non‐binding arbitration may enter the tort system as provided in Sections 5.9 and 7.6 of the TDP.  However, if and when a claimant obtains a judgement in the tort system, the judgment shall be payable (subject to the Payment Percentage and Maximum Available Payment provisions) as provided in Section 7.7 of the TDP.

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How do I respond to a claim deficiency?

Responses to intake and review deficiencies can be submitted via fax, email or mail to the Trust, care of CPF.

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When I am supplementing claim information or responding to a deficiency, do I need to resubmit the claim form?

No.

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What are the criteria for each Disease Category?

See Section 5.5(a) and 5.5(b) of the First Amended Claims Resolution and Trust Distribution Procedures.

Mesothelioma:

(1)    All diagnoses of Mesothelioma shall be based upon either (i) a physical examination of the claimant by the physician providing the diagnosis of the asbestos‐related disease, or (ii) a diagnosis by a board‐certified pathologist or by a pathology report prepared at or on behalf of a hospital accredited by the Joint Commission (formerly known as the Joint Commission on Accreditation of Healthcare Organizations); and

(2)    “Debtor Exposure” means the claimant must demonstrate meaningful and credible exposure, which occurred prior to December 31, 1982, (a) to an asbestos‐containing product sold, distributed, marketed, handled, processed, or manufactured by NMBFiL or for which NMBFiL otherwise had legal responsibility or (b) to conduct for which NMBFiL has legal responsibility that exposed the claimant to an  asbestos‐containing  product.  That meaningful and credible exposure evidence may be established by an affidavit or sworn statement of the claimant (based on personal knowledge); an affidavit or sworn statement of a family member (based on personal knowledge); an affidavit or sworn statement of a co‐worker (based on personal knowledge); by invoices, employment, construction or similar records; or by other credible evidence.  The specific exposure information required by the Trust to process a claim shall be set forth on the proof‐of‐claim form to be used by the Trust. The Trust can also require submission of other or additional evidence of exposure when it deems such to be necessary, including without limitation product testing or other similar indicia to demonstrate that the asbestos containing  product  to  which  the  claimant  was exposed was contaminated with asbestos.  The Trust shall seek to refrain from applying new or modified exposure criteria to claimants who die (or who have submitted an affidavit of exposure by an affiant who dies) during the pendency of such claimant’s claim review.

Currently, the Trust is only processing Mesothelioma injury claims. For explanation, see Section 1.1 of the NMBFiL TDP. 

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How long does a firm/claimant have to respond to a disallowance?

At this time the Trust has not instituted any response deadlines.

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Does the NMBFiL Trust cap the percentage of attorney fees payable in connection with the filing and settlement of NMBFiL claims?

No.

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NMBFiL Statute of Limitations Questions

Questions & Answers

What is the statute of limitations on filing an NMBFiL Trust claim?

If the Trust claim meets any of the tolling provisions found Section 5.1(a)(2) of the TDP and the claim was not time barred by the statute of limitations at the time of the tolling event, it will be considered timely filed by the Trust if it is filed by November 30, 2021. Additionally, claims diagnosed after the Petiton Date, but no later than 12 months after the Effective Date, irrespective of any federal, state or foreign state of limitations  or repose, may be filed with the Trust within three years of the date of diagnosis or by November 30, 2021, whichever occurs later. The Trust claim may be deferred at the election of the claimant under Section 6.3 of the TDP.

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