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Current as of January 01, 2024 | Updated by FindLaw Staff
In any asbestos action in which damages are awarded, a defendant is entitled to a setoff or credit in the amount of the valuation established under the applicable trust governance documents, including payment percentages for asbestos trust claims pending at trial and any amount the plaintiff has been awarded from an asbestos trust claim that has been identified at the time of trial. If multiple defendants are found liable for damages, the court shall distribute the amount of setoff or credit proportionally between the defendants, according to the liability of each defendant.
Cite this article: FindLaw.com - West Virginia Code Chapter 55. Actions, Suits and Arbitration; Judicial Sale § 55-7F-9. Setoff; credit - last updated January 01, 2024 | https://codes.findlaw.com/wv/chapter-55-actions-suits-and-arbitration-judicial-sale/wv-code-sect-55-7f-9/
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 or via Westlaw before relying on it for your legal needs.
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