Determination of Liability and Limitation on Liability

  1. Law
  2. Georgia Code
  3. Torts
  4. Asbestos Claims
  5. Determination of Liability and Limitation on Liability

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  1. Except as further limited in subsection (b) of this Code section, the cumulative successor asbestos related liabilities of a corporation are limited to the fair market value of the total gross assets of the transferor determined as of the time of the merger or consolidation. The corporation does not have any responsibility for successor asbestos related liabilities in excess of this limitation.
  2. If the transferor had assumed or incurred successor asbestos related liabilities in connection with a prior merger or consolidation with a prior transferor, the fair market value of the total assets of the prior transferor, determined as of the time of the earlier merger or consolidation, shall be substituted for the limitation set forth in subsection (a) of this Code section for the purpose of determining the limitation of liability of a corporation.

(Code 1981, §51-15-4, enacted by Ga. L. 2007, p. 4, § 2/SB 182.)


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