Missouri: Asbestos Medical Criteria Passes Committee Prior to Legislative Spring Break

Before the General Assembly broke for spring break last week, the Missouri Insurance Coalition reports the asbestos/silica medical criteria bill passed out of the House Judiciary Committee on a narrow 6-5 vote. There had been multiple hearings on the issue beginning last spring, and after two hearings on this session’s bill, HB 512 was finally called for a committee vote last week.

The reform legislation is based on the American Legislative Exchange Council's Asbestos and Silica Claims Priorities Act that focuses on the medical criteria for claims.

"Reasoned asbestos/silica reform is a priority for NAMIC's members, and we strongly support HB 512. We had hoped Congress would enact meaningful reform, but they have thus far failed to act, and we are addressing the issue state by state," testified NAMIC's State Affairs Manager Tami Stanton in previous hearings on the bill.

Last year, Kansas, South Carolina, and Tennessee joined Georgia, Florida, Texas, and Ohio as states successfully passing legislation mandating that plaintiffs seeking relief for asbestos or silica-related impairments meet defined medical criteria.

Recent studies have shown that up to 90 percent of the claimants who file asbestos claims have no impairment. Additionally, there has been a recent surge in silica-exposure claims by some asbestos personal injury lawyers. In 2005, U.S. District Judge Janis Graham Jack of the Southern District of Texas issued an opinion recommending that all but one of the 10,000 silica claims should be dismissed on remand because the diagnoses were fraudulently prepared.

MIC said the second half, eight-week stint of the 2007 session will begin March 26 with 1,850 bills filed, of which 175 relate to the business of insurance.

Direct questions to NAMIC State Affairs Manager Tami Stanton.

Posted: Tuesday, March 20, 2007 12:00:00 AM. Modified: Tuesday, March 20, 2007 12:55:59 PM.

(317) 875-5250 - Indianapolis | (202) 628-1558 - Washington, D.C.

Contact NAMIC | Press | Advertise | Sponsor

We are 1,400 property/casualty insurance companies serving more than 135 million auto, home and business policyholders, with more than $196 billion in premiums accounting for 50 percent of the automobile/homeowners market and 31 percent of the business insurance market. We are the largest and most diverse property/casualty trade association in the country, with regional and local mutual insurance companies on main streets across America joining many of the country’s largest national insurers who also call NAMIC their home. More than 200,000 people are employed by NAMIC members.