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Current as of January 01, 2024 | Updated by Findlaw Staff
1. With respect to an asbestos action or silica action not barred by limitations as of July 1, 2017, an exposed person's cause of action shall not accrue, nor shall the running of limitations commence, prior to the earliest of the following:
a. The exposed person received a medical diagnosis of an asbestos-related impairment or silica-related impairment.
b. The exposed person discovered facts that would have led a reasonable person to obtain a medical diagnosis with respect to the existence of an asbestos-related impairment or silica-related impairment.
c. The date of death of the exposed person having an asbestos-related impairment or silica-related impairment.
2. This section shall not be construed to revive or extend limitations with respect to any claim for asbestos-related impairment or silica-related impairment that was otherwise time-barred as of July 1, 2017.
3. An asbestos action or silica action arising out of a nonmalignant condition shall be a distinct cause of action from an action for an asbestos-related cancer or silica-related cancer. Where otherwise permitted under state law, no damages shall be awarded for fear or increased risk of future disease in an asbestos action or silica action.
Cite this article: FindLaw.com - Iowa Code Title XV. Judicial Branch and Judicial Procedures [Chs. 595-686] § 686B.8. Statute of limitations--two-disease rule - last updated January 01, 2024 | https://codes.findlaw.com/ia/title-xv-judicial-branch-and-judicial-procedures-chs-595-686/ia-code-sect-686b-8/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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