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SECOND REGULAR SESSION
HOUSE BILL NO. 1649
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE OVERCAST .
4205H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 537, RSMo, by adding thereto seven new sections relating to actions for
damages due to exposure to asbestos.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 537, RSMo, is amended by adding thereto seven new sections, to
2 be known as sections 537.880, 537.882, 537.884, 537.886, 537.888, 537.890, and 537.892, to
3 read as follows:
537.880. 1. The pr ovisions of sections 537.880 to 537.892 shall apply to asbestos
2 actions filed on or after August 28, 2026, and to asbestos actions filed befor e August 28,
3 2026, unless the trial date in the asbestos action was set before January 1, 2026, and the
4 trial will begin on or befor e December 1, 2026.
5 2. The pr ovisions of sections 537.880 to 537.890 shall not apply to asbestos
6 actions filed by or on behalf of any paid, volunteer , or reti red fir efighter , paramedic, or
7 emergency medical technician.
8 3. As used in sections 537.880 to 537.892, the following terms shall mean, unless
9 the context clearly r equir es otherwise:
10 (1) "Asbestos action", any claim for damages or other relie f present ed in a civil
11 action arising out of, based on, or rel ated to the health effects of exposur e to asbestos
12 and any derivative claim made by or on behalf of a person exposed to asbestos or a
13 r epresent ative, spouse, par ent, child, or other rel ative of that person;
14 (2) "Asbestos trust", a government-appr oved or court-approv ed trust, qualified
15 settlement fund, compensation fund, or claims facility creat ed as a res ult of an
16 administrative or legal action or a court-appr oved bankruptcy or crea ted under 1 1
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
17 U.S.C. Section 524(g), or 1 1 U.S.C. Section 1 121(a), or other applicable pr ovision of law
18 that is intended to provi de compensation to claimants arising out of, based on, or r elated
19 to the health effects of exposur e to asbestos;
20 (3) "Asbestos trust claim", any claim for compensation by an exposed person or
21 the exposed person's repr esentative against any asbestos trust;
22 (4) "Claimant", any person bringing an asbestos action or asserting an asbestos
23 trust claim, including a personal r epresent ative if the asbestos action or asbestos trust
24 claim is br ought by an estate, or a conservator or next friend if the asbestos action or
25 asbestos trust claim is brou ght on behalf of a minor or disabled person, as the terms
26 "minor" and "disabled person" are defined in section 475.010;
27 (5) "Exposed person", any person whose exposur e to asbestos or to asbestos-
28 containing pr oducts is the basis for an asbestos action or an asbestos trust claim;
29 (6) "T rust claim materials", a final executed pr oof of claim and all documents
30 and information, including copies of electr onic data and emails, submitted to or receiv ed
31 fr om an asbestos trust by a claimant or a claimant's repr esentative, including claim
32 forms and supplementary materials, pr oofs of claim, affidavits, depositions and trial
33 testimony of the claimant and others knowledgeable about the claimant's exposur e
34 history , work history , exposur e allegations, medical and health record s, all documents
35 that refl ect the status of a claim against an asbestos trust, and, if the asbestos trust claim
36 has settled, all documents re lating to the settlement of the asbestos trust claim;
37 (7) "T rust governance document", all documents that rel ate to eligibility and
38 payment levels, including claims payment matrices, trust distribution pr ocedur es, or
39 plans for reorga nization for an asbestos trust.
537.882. 1. W ithin thirty days after an asbestos action is filed if the asbestos
2 action was filed on or after August 28, 2026, or within thirty days of August 28, 2026, for
3 an asbestos action that was filed befor e August 28, 2026, and is subject to the pr ovisions
4 of sections 537.880 to 537.892, the claimant shall:
5 (1) Pr ovide the court and parties with a sworn statement signed by the claimant
6 and claimant's counsel indicating that an investigation has been conducted and that all
7 asbestos trust claims that can be made by the claimant or any person on the claimant's
8 behalf have been completed and filed. The sworn statement shall indicate whether ther e
9 has been a req uest to defer , delay , suspend, toll, withdraw , or otherwise alter the
10 standing of any asbestos trust claim and pro vide the status and disposition of each
11 asbestos trust claim. A deferral or placeholder claim that is missing necessary
12 documentation for the trust to pay the claim shall not meet the re quir ements of this
13 section;
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14 (2) Pr ovide all parties with all trust claim materials fr om all law firms connected
15 to the claimant in r elation to exposur e to asbestos, including trust claim materials that
16 r elate to conditions other than those that are the basis for the asbestos action.
17 Documents pr ovided pursuant to this subdivision shall include an affidavit from the
18 claimant certifying that the trust claim materials ar e true and complete; and
19 (3) Pr oduce all available asbestos trust claims filed by any individual other than
20 the claimant if the claimant's asbestos trust claim is based on exposur e to asbestos
21 thr ough that other individual and the materials are available to the claimant or
22 claimant's counsel.
23 2. The claimant shall have a continuing duty to supplement the statement and
24 materials r equir ed to be pro vided pursuant to subsection 1 of this section within thirty
25 days after the claimant files an additional asbestos trust claim, supplements an existing
26 asbestos trust claim, or rec eives additional trust claim materials r elated to any asbestos
27 trust claim made against an asbestos trust.
28 3. The court shall dismiss the asbestos action without pr ejudice if the claimant
29 fails to comply with the requ irem ents of sections 537.880 to 537.890.
537.884. 1. Not less than sixty days before the date the trial in an asbestos action
2 is set to commence, if the defendant believes the claimant has not filed all asbestos trust
3 claims as requ ired by section 537.882, the defendant may move the court for an order to
4 r equir e the claimant to file the additional asbestos trust claims the defendant believes
5 the claimant is eligible to file.
6 2. W ithin ten days after the filing of the defendant's motion, the claimant shall:
7 (1) File the asbestos trust claims and prod uce all relat ed trust claim materials; or
8 (2) File a written res ponse with the court stating why ther e is insufficient
9 evidence for the claimant to file the asbestos trust claims.
10 3. W ithin ten days of the claimant filing a written res ponse to the defendant's
11 motion, the court shall determine if ther e is a sufficient basis for the claimant to file the
12 asbestos trust claim identified in the defendant's motion.
13 4. If the court determines that ther e is a sufficient basis for the claimant to file an
14 asbestos trust claim identified in the defendant's motion, the court shall order the
15 claimant to file the asbestos trust claim and pr oduce all rela ted trust claim materials
16 within ten days. An asbestos action shall not pro ceed to trial until at least ninety days
17 after the claimant complies with the court's order .
537.886. 1. T rust claim materials and trust governance documents ar e pr esumed
2 to be r elevant and authentic and are admissible in evidence in an asbestos action. No
3 claims of privilege apply to trust claim materials or trust governance documents.
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4 2. A defendant in an asbestos action may seek discovery against an asbestos
5 trust. The claimant shall not claim privilege or confidentiality to bar discovery . The
6 claimant shall pr ovide consent or any other expr ession of permission that may be
7 r equir ed by the asbestos trust to rele ase information and materials sought by the
8 defendant.
9 3. T rust claim materials that ar e sufficient to entitle a claim to consideration for
10 payment under the applicable trust governance documents may be sufficient to support
11 a jury finding that the claimant was exposed to prod ucts for which the trust was
12 established to pr ovide compensation and that such exposur e was a substantial
13 contributing factor in causing the claimant's injury that is at issue in the asbestos action.
14 4. The parties in the asbestos action may introd uce at trial any trust claim
15 materials or trust governance documents to pr ove, without limitation, alternative
16 causation for the exposed person's claimed injury , death, or loss to person; to prove that
17 the bankrupt entity is a joint tortfeasor , liable for the same injury or wrong ful death for
18 the purposes of section 537.060; or to pr ove issues relevan t to an adjudication of the
19 asbestos action, unless the exclusion of the trust claim material is otherwise requ ired by
20 the rules of evidence.
537.888. 1. If a claimant proceed s to trial in an asbestos action before an
2 asbestos trust claim is res olved, ther e is a rebutt able presum ption that the claimant is
3 entitled to, and will r eceive, the compensation specified in the trust governance
4 documents applicable to his or her claim at the time of trial. The court shall take
5 judicial notice that the trust governance documents specify compensation amounts and
6 payment perc entages and shall establish an attributed value to the claimant's asbestos
7 trust claims.
8 2. In an asbestos action in which damages are awarded and setoffs are
9 permitted, a defendant is entitled to a setoff or credit in the amount of the actual
10 payment receiv ed by the claimant fr om the asbestos trust and the amount of the
11 valuation established under subsection 1 of this section. If multiple defendants are
12 found liable for damages, the court shall distribute the amount of setoff or credit
13 pr oportionally between the defendants, according to the liability of each defendant.
537.890. 1. If, subsequent to obtaining a judgment in an asbestos action, a
2 claimant files an additional asbestos trust claim with, or submits an additional asbestos
3 trust claim to, an asbestos trust that was in existence at the time the claimant obtained
4 the judgment, the claimant shall pr ovide notice within ten days of such filing or
5 submission to the defendant and the trial court fr om which the judgment was obtained.
6 The trial court, upon the filing of a motion by a defendant or judgment debtor , has
7 jurisdiction and shall reop en the judgment in the asbestos action and adjust the
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8 judgment by the amount of any asbestos trust payments obtained by the claimant after
9 the initial judgment and order any other relief that the court considers just and pr oper .
10 2. A defendant or judgment debtor shall file any motion pursuant to this section
11 within thr ee years after the judgment was enter ed or taken.
537.892. 1. W ithin thirty days after an asbestos action is filed if the asbestos
2 action was filed on or after August 28, 2026, or within thirty days of August 28, 2026, for
3 an asbestos action that was filed befor e August 28, 2026, and is subject to the pr ovisions
4 of sections 537.880 to 537.892, the claimant shall file a sworn information form
5 specifying the evidence that pr ovides the basis for each claim against each defendant.
6 The sworn information form shall include all of the following with specificity:
7 (1) The name, addr ess, date of birth, marital status, occupation, smoking history ,
8 curr ent and past worksites, and curren t and past employers of the exposed person, and
9 any person thr ough whom the exposed person was exposed to asbestos;
10 (2) Each person thr ough whom the exposed person was exposed to asbestos and
11 the exposed person's relat ionship to each person;
12 (3) Each person who is knowledgeable about each exposur e;
13 (4) The manufactur er or seller of each asbestos or asbestos-containing pr oduct
14 and the specific pr oduct involved in each exposur e, including any person thr ough whom
15 the exposed person was exposed to asbestos;
16 (5) The specific location and manner of each exposur e, including any person
17 thr ough whom the exposed person was exposed to asbestos;
18 (6) The beginning and ending dates of each exposur e, the fr equency and
19 duration of each exposur e, and the pr oximity of the asbestos-containing pro duct or its
20 use to the exposed person and any person thr ough whom the exposed person was
21 exposed to asbestos;
22 (7) The specific asbestos-re lated disease that is alleged;
23 (8) A certification that no prior asbestos actions have been made on the
24 claimant's behalf or , if the claimant has filed prior asbestos actions, information as to
25 the case name, case number , and court; and
26 (9) Any supporting documentation r elating to the information requ ired in this
27 subsection.
28 2. A claimant's obligation to pr ovide sworn information pursuant to subsection 1
29 of this section is in addition to any court-ordered disclosures. Claimants have a
30 continuing duty to supplement the information that is requ ired to be disclosed in
31 subsection 1 of this section within ten days after the claimant recei ves additional
32 information that is r equir ed to be disclosed.
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33 3. The court, on motion by a defendant, shall dismiss the asbestos action without
34 pr ejudice as to any defendant whose pr oduct or pre mises is not identified in the
35 r equir ed disclosures set forth in subsection 1 of this section.
36 4. The court, on motion by a defendant, shall dismiss the asbestos action without
37 pr ejudice if the claimant fails to comply with the r equir ements of this section.
✔
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