The applicability and effect of a statute of limitations upon a claim made to the Trust depends upon whether the claim was filed against B&W within the tort system prior to February 22, 2000, the date that B&W filed its petition for protection under the Bankruptcy Code (the “Petition Date”). Claims filed against B&W prior to the Petition Date are not affected by the bankruptcy and are therefore subject to the applicable federal, state and foreign statutes of limitations and repose that were in effect at the time the claim was filed within the tort system.
Any claim not filed against B&W within the tort system prior to the Petition Date is subject to applicable federal, state or foreign statute of limitation that was in effect at the time of the filing with the PI Trust. However, the statute of limitations is tolled by the earlier of any one of the following events:
- The actual filing of a claim against B&W prior to the Petition Date, whether that claim was filed in the tort system or by submission of the claim to B&W pursuant to an administrative settlement agreement;
- The tolling of the claim against B&W prior to the Petition Date by an agreement or otherwise, provided such tolling is still in effect on the Petition Date; or
- The Petition Date.
If the statute of limitations is tolled for any of the reasons listed and the claim was not barred by any applicable federal, state or foreign statute of limitation at the time of the tolling event, the claim will be treated as timely filed if the claim is actually filed with the Trust by January 17, 2010.
In addition to the above, any claim that is first diagnosed after the Petition Date may be filed with the Trust within three years after the diagnosis or January 17, 2010, which ever occurs later, irrespective of any federal, state or foreign statute of limitation or repose.