TALLAHASSEE -- A Senate bill addressing asbestos trust claims litigation passed the Florida Senate last week. while the House version of the bill has been set aside for now.
The proposed law, SB 1582, addresses alleged double-dipping by cancer victims into multiple funds set aside to care for them.
“This bill states that they [the victims] need to disclose that they looked into all the possible trusts when they are going through this process,” Stephanie Benedict, legislative assistant for state Rep. Tom Leek (R-Volusia), told the Florida Record.
Leeks co-introduced the House version of the bill along with State Rep. Anthony Sabatini (R-Lake).
Critics oppose the House version, HB 741 because it would allegedly create roadblocks for victims to get their cases to trial, according to Paul Jess, executive director of the Florida Justice Association (FJA).
“SB 1582 does not contain the problematic provisions,” Jess said in a video posted on FJA’s Facebook page.
SB 1582 requires plaintiffs who file an asbestos claim to provide information to litigants within time limits and empowers named defendants to depose and question an asbestos trust as well as bans plaintiffs from using claims of privilege or confidentiality to prevent the disclosure of information in litigation, according to the Florida Senate website.
“The purpose is to speed up the process and to get the victims their money as quickly as possible,” said Benedict of SB 1582.
Currently, some plaintiffs’ attorneys take advantage of a loophole in existing law to increase their compensation for asbestos-related injuries, according to Logan McFaddin, assistant vice president of state government relations for the American Property Casualty Insurance Association (APCIA).
“SB 1582 will put a stop to this type of legal abuse, and more importantly, it does not affect a person’s right to file an asbestos-related claim,” he said. “Lawmakers should continue to support SB 1582 as it is a much-needed step in the right direction toward improving Florida’s crumbling legal climate.”