Michigan Considers Asbestos Bill

August 2, 2006 - The Michigan House of Representatives Committee on Tort Reform, by a vote of five to one, recently recommended House Bill No. 5851, which would greatly change Michigan tort law related to asbestos and silica lawsuits.
As reported in Environment News magazine, the bill would "specify that a person is not entitled to an asbestos claim or silica claim unless the exposed person has a physical impairment to which asbestos or silica exposure was a substantial contributing factor."

This would signify a new requirement in Michigan.  Currently, as in many other states, Michigan does not require that plaintiffs have an actual impairment when filing suit.  Exposure to asbestos has been sufficient to bring about a claim, even if there is only a “speculative assertion” of future impairment risks.

The bill is strongly supported by the Property Casualty Insurers Association of America (PCIAA), a Chicago-based association of property insurers that usually have a large stake in asbestos claims.
PCIAA Senior Public Affairs Specialist Jona Van Deun said, "We're seeing a trend in trying to make sure that injured people get treated first." 

"Many businesses have gone bankrupt paying asbestos claims, limiting their ability to satisfy all the claims against them," added Hans Bader, spokesperson for the D.C.-based think-tank known as the Competitive Enterprise Institute. "If there's not enough money to compensate those who are already suffering, it makes no sense to allow those who merely speculate that they may suffer in the future to collect from the limited funds available.