NMBFiL FAQs

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

back to top

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.

back to top

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 5.4 (b) of the Trust Distribution Procedures ("TDP"), and/or (v) documentation of Economic Loss.

back to top

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.

back to top

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.

back to top

Is there a filing fee to file an NMBFiL Claim?

No.

back to top

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.

back to top

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.

back to top

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.

back to top

Is there a formal exigent health program?

No.

back to top

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

Pursuant to the Second Amended and Restated NMBFiL, INC. Asbestos Personal Injury Trust Distribution Procedures claimants may only file claims for the disease level of mesothelioma.

back to top

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.

back to top

How often are offers/releases issued?

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

back to top

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.

back to top

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. 

back to top

When are claim settlement payments made?

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

back to top

How does a firm/claimant dispute an offer?

In the event a Trust Claimant is treated under Category II but believes that he or she is entitled to be treated under Category I, Claimant may seek reconsideration under Individual Review of his or her Trust Claim; however, there shall be no right to arbitration or mediation and the Trust’s determination on reconsideration of the value is final, per Section 2.4 of the TDP.

back to top

What is the NMBFiL Trust payment percentage?

The NMBFiL payment percentage is 8.1%

back to top

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.

back to top

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 5.4 (b).

back to top

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.

back to top

Do NMBFiL Trust claims ever get permanently disallowed or dismissed?

Yes, although Section 6.3 of the Second Amended and Restated NMBFiL, Inc. Asbestos Personal Injury Trust Distribution Procedures states a claim shall be deemed to have been withdrawn if the claimant neither accepts, rejects, nor initiates arbitration within six (6) months of the Trust’s written offer of payment or rejection of the claim, the Trust has decided not to enforce this policy at this time.

back to top

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

No, per Section 2.4, "there shall be no right to arbitration or mediation and the Trust’s determination on reconsideration of the value of such Trust Claim is final."

back to top

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.

back to top

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.

back to top

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

No.

back to top

What is the criteria for Mesothelioma Claims?

See Section 5.4(a) and 5.4(b) of the Second Amended and Restated NMBFiL, INC. Asbestos Personal Injury Trust Distribution Procedures.

back to top

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

Although Section 6.3 of the Second Amended and Restated NMBFiL, Inc. Asbestos Personal Injury Trust Distribution Procedures states a claim shall be deemed to have been withdrawn if the claimant neither accepts, rejects, nor initiates arbitration within six (6) months of the Trust’s written offer of payment or rejection of the claim, the Trust has decided not to enforce this policy at this time.

back to top

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

No.

back to top

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.

back to top