Winnipeg Free Press

Winnipeg Free Press (Newspaper) - September 17, 1994, Winnipeg, Manitoba A8 Winnipeg free september 1994 a t t e n t i o n individuals exposed to Asbestos or Asbestos containing products their household members or Legal representatives and individuals or entities which May be sued by those exposed to Asbestos containing products your rights May of aft Cufo by two class action i lawsuits pending in the United states District court Tor the fast frn District or Ahfarn e d Tex and Contin Fontai casualty co e d a settlement has fun agreed to in the class Maii the Coupon below As soon As Passieu f to rec five a notice package containing detailed information about these class actions and How they May affect your what is the Ahearn class action settlement about the class action settlement settlement deals with Asbestos related per Sonal injury claims that might be brought against fibreboard corporation formerly known As Pabco if you Are a member of either of two the global health claimant class or the global third party claimant Are covered by the terms of the who is included in the Ahearn class action global health claimant class consists of All including their House hold members or Legal who were directly or to Asbestos or to Asbestos containing products for which fibreboard May Bear Legal and who had not filed a lawsuit or settled a claim fibreboard before August the global health claimant class also includes All persons or their Legal representatives who filed an Asbestos related personal injury lawsuit against but dismissed that Case without prejudice prior to August and retain the right to sue fibreboard upon develop ment of an Asbestos related to be a member of the you do not need to be presently suffering any symptoms of and your Asbestos exposure need not be occupation the global third party claimant class includes All persons or entities who now or in the future May any claim for contribution or indemnity or other third party claims alleging that fibreboard or certain of its related or Continental casualty Cna casualty company of Colum Bia casualty company or Pacific indemnity company the is or May be liable for All or part of an Asbestos related Persona injury claim of a global health claimant class what does the global settlement agreement do among other the global settlement agreement a resolves a dispute Between fibreboard and the insurers now pending in the courts of the state of California with respect to the extent of coverage provided by insurance policies issued by the insurers to fibreboard b resolves All future global health claimant class Asbestos related personal injury claims against fibreboard and its insurers c establishes a billion fund to be devoted to the claims of members of the global health claimant class and d removes the risk to Asbestos claimants of fibreboard losing the California insurance coverage litigation and being unable to compensate such if it is approved and becomes the global settlement agreement provides for the following billion will be placed in a Trust the by the insurers and fibreboard to pay for qualifying claims of the global health claimant class All Asbestos related personal injury claims of class members against fibreboard or the insurers covered by the Settle ment Are Cut any such claims May be brought Only against the Trust for processing and in order to qualify for payment from the class members must show injurious exposure to Asbestos containing products for which Fibre Board is legally liable and have medical evidence to support their claim of an Asbestos related the Trust will review process make settlement offers and pay indemnity and other third party claims that global third party claimant class members May have against fibreboard and the insurers As Well As certain of their related per sons entities Are released and will be barred under the terms of a separate settlement the third party claimant class settlement what Are your rights the global health claimant and the global third party claimant classes Are mandatory Nono tout classes for settlement if you Are a class you May not exclude yourself from the and if the settlement is you will be bound by the courts orders and on december a hearing will be held in the United states District court for the East Ern District of 221 West and will if Neces at such times As the court at the hearing the court will consider whether the settlement should be approved As reason Able and adequate to members of both although you May not exclude yourself from either of the you have the right at the hearing to comment on or object to the Settle or to any of its if you desire to object to or comment on the settlement in writ ing prior to the you must present such objections or comments to the court on or before november if you desire to appear at the hearing in or through counsel retained by you must file a timely notice of intention to appear with the court on or before december if you have no objections to the settlement and accept its you need not file anything with the court or take any other if you do not file a timely notice of objections or a timely intention to appear at the you will waive your right to object to the you May also seek to intervene in the action As a party there is no Assurance that your application to intervene will be granted by the there is precedent that a person who has not sought to intervene will not be permit Ted to Appeal if dissatisfied with the outcome in the District who represents the Ahearn classes the court has appointed the following class counsel to represent the global health claimant class As a group Joseph e Richardson Poole 151 meeting suite 600 Box 1137 29402 Telephone 18037209099 fax 18035777513 Joseph Richardson Poole 151 meeting suite 600 Box 1137 so 29402 Telephone 18037209099 fax 18035776361 Steven Edises a professional Law corporation 171 twelfth suite 300 Ca 94607 Telephone 15104657728 15107638808 add fax 15108354913 email Kazan Harry f Moore 101 California suite 2600 san Ca 94111 Telephone 14154330440 fax 14153915845 the court has appointed the following class counsel to represent the global third party claimant class As a group Richard Baker bolts one Shell Plaza 910 Louisiana to 77002 Telephone 17132291234 fax 17132291522 Bruce Riley Scarborough 1330 lady Street Box 11070 so 29211 Telephone 18037992000 fax 18032567500 if you Are a member of either of these your interests As a class member will be represented in this class at no Cost to by the class you May Contact them at any time with any questions you May have regard ing the class action if you wish to be represented in this class action by your own you May do so at your own expense and your attorney May enter an appearance in the class action lawsuit by mailing a notice of appearance to the clerk of the court at the address listed class counsel does not automatically represent you with regard to filing a claim for Bompensa you May file a claim for compensation yourself or you May retain any attorney of your including one of the attorneys serving As class to represent you if you Are a member of the a ear n classes described you Are also a member of one of two defendant classes sued in Continental casualty on june the insurers filed Continental casualty the Rudd defendant class against two defendant the trilateral health claimant class and the trilateral third party claimant in that the insurers seek approval of the trilateral settlement entered into Between them and to Settle All liabilities and obligations of the insurers under certain insurance policies they issued to in that the insurers also seek a declaration that the trilateral settlement agreement discharges the insurers liabilities and obligations under those insurance policies and other including injunctive if such Relief is the effect will among other to bar any member of the trilateral classes from asserting any claims arising under the insurance policies against any of the insure this includes any claims directly or from the exposure of any person to Asbestos or Asbestos containing who is included in the Rudd class action the trilateral health claimant class includes All persons who Are members of the global health claimant class in the Ahearn As Well As persons who settled an Asbestos related personal injury claim with fibreboard Between August and August and whose claim had not yet been included in a lawsuit filed against the trilateral third party claimant class includes All persons or entities who Are Mem Bers of the global third party claimant As Well As All persons or entities who now have or in the future May have claims arising out of Asbestos related personal injury claims that were filed against fibreboard before August or out of Asbestos related personal injury claims that were settled with fibreboard before August what is the relationship Between the global settlement agreement and the trilateral settlement agreement if the trilateral settlement agreement is approved by the its indemnification and discharge of liability provisions will operate even if 1 the global settlement agreement is Dis approved or 2 the global settlement agree including the third party claimant class settlement agreement is but the judg ment approving the agreements is invalidated in whole or in by a future court if the trilateral settlement agreement is but the global settlement agree ment is not billion plus an additional less certain will be made available to either directly or through a to enable fibreboard to pay defense costs and claims with respect to Asbestos related personal Only claims not filed or settled prior to August but also More than then pending and unsettled Asbestos related personal injury claims against under the trilateral settlement fibreboard May use up to million from the funds for costs associated with Asbestos related property damage claims and no Asbestos no appealable approval of either the global settlement agreement or the trilateral settlement agreement will trigger the payment of the unpaid amounts on a Large number of presently settled and such approval is expected to result in payments from the insurers for Asbestos claims totalling in the aggregate More than billion including the amounts paid pursuant to the global Settle ment agreement or the trilateral settlement if neither the global settlement agreement nor the trilateral settlement agreement is approved and the coverage dispute mentioned above is resolved in favor of the fibreboard would have Little or no insurance coverage and would be rendered and members of the global health claimant class and Mem Bers of the trilateral health claimant class would be left without any Prospect of meaning Ful financial recovery from fibreboard on their Asbestos related personal injury what Are your rights in relation to the Rudd defendant class action a hearing will be held by the District court for the Eastern District of Texas in immediately after the conclusion of the Ahearn fairness and at such additional times As the court May to consider whether the court should finally certify the Tri lateral health claimant class and the trilateral third party claimant at the the court May hear motions that May result in a final judgment in favor of the insurers and against the declaring that the trilateral settlement agreement will bar further claims against the insurers in any Way arising under or in connection with the insurance the court May also at that time direct that a trial be held with respect to any issues outstanding and raised by any of the parties to the motions to intervene in the Rudd defendant class action As a party May be made at any time and will be heard at times fixed by the who represents the trilateral classes the court has appointed the following counsel to represent the trilateral health claimant class James Sloman Blumenthal 200 Crescent court suite 1500 to 75201 Telephone 12148553000 fax 12148551333 the court has appointed the same counsel who represents the global third party class to represent the trilateral third party claimant settlement hearings and important dates Ahearn class action 1 deadline to object to or comment on the settlement with the court in november 1 deadline to file a notice of intention to appear with the court to object to or comment on the settlement in person or through december 1 Date of fairness december Rudd class action 1 Date of immediately after the conclusion of the Ahearn fairness this notice is a summary to obtain a notice package with Complete and detailed information on the Ahearn class global settlement Rudd defendant class action and the trilateral settlement Complete the Coupon below mailing mail this Coupon to Ahearn Rudd notice coordinator Box 33051 do ii mail the Coupon even if you Are not suffering from any symptoms of or Are not sure that your Asbestos exposure was to fibreboard or Pabco please do not Contact the court or the clerk of the july by order of David Maland United states District court Eastern District of Texas courthouse 211 West room 106 to 75702 products and occupations associated with Asbestos of Asbestos containing products Only of which Eier by any of the fibreboard Koll ties tint May Tot to Limi Uil the follow ing i its of products acoustical including Spray and tile adhesives and cements air cell Asbestos blankets Asbestos cloth or textiles Asbestos containing Asbestos Liber or pellets raw or Asbestos linings Asbestos paint Asbestos paper Asbestos protective clothing Asbestos braided tubing and Wick Asbestos upe or thread Asphalt including tile and sundries Oil Highway and Marine products Brake pads and Brake clutch transmission Gasket Shock caulking compounds and ceiling tiles and related sundries Cement products Cement or Hal and corrugated Ceramic or paint fillers commercial and Industrial machines or components Brake clutch Thermal transmission agents dry Wall joint treatment products joint joint joint joint caulking fireproofing products Sheet and folded g sum products including fire Relar Daul Gypsum finishing and taping insulating tape 85 magnesia and Coaling and sealing products and Mineral Wool Board paint products including roof Coaling and floor phenolic or plastic resins plaster and plaster products plumbing joint sealant refractory such As shapes and Block used to or Seal structures subjected to High heat such As furnaces and resilient floor covering products backing and roofing products siding sparkling compound Thermal insulation products pipe pipe pipe Block Spray and examples of occupations in which various times potentially worked with or round products Bill of my Limi Uil the log occupations aerospace and missile production workers aircraft manufacturing production workers aircraft mechanics Asbestos textile Mill workers automobile manufacturing production workers including automobile mechanics and Brake boilermakers Brake and clutch manufacturing and Assembly workers building engineers building material products manufacturers Cement Plant production workers coast guardsmen construction workers including dry Cement and masonry h vac mechanics and custodians demolition and wrecking Crews electrical workers including electrical and Telephone insulation manufacturing Plant workers insulators longshoremen machinists merchant mariners packing and Gasket manufacturing Plant workers pipe fitters powerhouse workers including insula tors and electric protective clothing arid Glove makers Railroad workers including locomotive car mechanics and and maintenance refinery workers including ins Taon and refractory products Plant workers rubber workers including tire makers and Hose Shcell Wogl workers shipyard workers including maintenance and Navy warehouse workers lists Ark 91 no Means exhaust ivs there m oth Job so outs a occupations which have associated at soc Point with pro tvs to news Roundup mob nabs coup Leader Julu caught trying to flee from the news services Liberia a civilian mob arrested the Leader of a failed coup yes recognizing the ruthless for Mer army commander As he tried to slip out of the Charles Julue seized the presidential mansion in Monrovia thursday but his forces abandoned the Oceanside building after a two hour assault by an african intervention Force in gunboats and suicide carried live a Deputy sheriff who had just killed his wife agonized with a priest for 2 then put the muzzle of his to his jaw and killed to station broadcast it surrounded by police Sharp shoot Paul Broussard committed Sui cide thursday in the courtyard of a downtown Bank while Kalb to cameras Kalb news director Jack citing danger to the said the station believed it had Good reason to provide live Cov baby forgotten in car Shaker Ohio a Fourmont hold girl apparently suffocated in the family car after her Mother and some siblings returned from a trip and forgot they left her police Laura Vinci was left on a car seat in the station Wagon for nearly three hours As temperatures reached wednesday police the car was parked in the driveway of the family it appears like everyone thought everyone else was taking care of the police chief Walter Ugrinic everyone is blaming them selves for what Burns improving los Angeles George Burns was moved out of intensive care yesterday As he continued to recuperate from brain underwent surgery monday to relieve pressure from fluid that had built up in his brain after a july 13 fall in the Bathtub of his Beverly Hills he is listed in fair a Hospital spokesman said Burns is expected to be in Hospi Tal for another five to seven nuns close exhibit san an Art gallery run by roman Catholic nuns is moving a provocative exhibit on sex and aids after receiving threats of the Sisters of Charity of the in Carnate word shut Down the exhibit which includes flesh coloured sculptures of genitalia and a paint ing of an Angel having Intercourse at an altar after hundreds called to sister Alice the gallery said she prayed before the exhibit went up and decided the work should be shown because sexuality is a gift from outspoken cleric Dies France Cardinal Albert one of the first Mem Bers of the roman Catholic clergy to insist the Church face up to its Check ered role in the second world died he was de court Ray had been hospitalized since monday when he was found in a coma in his he is perhaps most remembered for his willingness to expose roman Catholic links to nazi collaborators in the second world de court Ray opened sealed enabling researchers to corroborate suspected links Between elements of the Church and French nazi col 3 part winterizing chemical Pool kit Cash carry special j04ij ;