The AWI Asbestos Trust was formed on August 16, 2006, and began accepting claims on May 14, 2007. It was funded with $2.1 billion to compensate claimants who were harmed by AWI’s asbestos-containing products.
The AWI Trust considers direct domestic exposure claims, foreign claims, and secondary exposure claims. Like all asbestos trusts, it only pays a percentage of the settlement value to ensure funds remain for all future claimants.
See if you qualify for the Armstrong World Industries (AWI) asbestos trust today.
Key Information
- In the 1990s, 29 states banded together to file a lawsuit against AWI with the U.S. Supreme Court.
- The Armstrong Asbestos Trust processed over 200,000 claims during its first two years.
- In addition to using asbestos to manufacture its products, AWI also sold and installed asbestos-containing products made by others.
- The top occupations impacted were factory workers, tile and linoleum layers, insulation installers, and cement masons.
Armstrong World Industries & Asbestos Exposure
Formed initially as a cork manufacturing company, Armstrong began diversifying in the early 1900s. As early as 1909, they started using asbestos in various products.
- From 1932 through 1982, Armstrong World manufactured various types of floor tiles containing chrysotile asbestos.
- From 1954 through 1983, the company manufactured its vinyl floor coverings with asbestos-containing backing material called Hydrocord.
- From the early 1950s to the late 1980s, the company manufactured and sold asbestos-containing gaskets for internal combustion engines.
When the Occupational Safety and Health Administration (OSHA) asked Armstrong to put a safety warning on its products due to asbestos, the company would not admit that asbestos caused cancer. Instead, Armstrong only warned professional flooring installers against breathing in dust.
In the early years, more than 15,000 employees worked at AWI’s manufacturing plants, and tens of thousands more people used the company’s products. The company manufactured asbestos-containing products until 1987.
Armstrong World Industries Asbestos Lawsuits
AWI began facing asbestos personal injury litigation in the 1970s; many of the suits AWI was involved in set important precedents that would form the basis for later asbestos lawsuits.
In addition to suits from former employees, AWI faced lawsuits from states, public school districts, and private property owners.
Borel v. Fibreboard Paper Products Corporation et al.
Although not the primary plaintiff, Armstrong World Industries was a defendant in this precedent-setting case from the 1970s.
The courts sided in Clarence Borel’s favor posthumously, citing that “failure to give adequate warnings” about the safety of asbestos-containing products rendered the product “unreasonably dangerous.”
This case established that “a duty to warn attaches whenever a reasonable man would want to be informed of the risk in order to decide whether to expose himself to it.”
This foundational case set the precedent that those affected by asbestos-containing products were entitled to compensation based on unexplained and unwarned exposure risks.
Exposed to Asbestos
See if you qualify for compensation from the AWI asbestos trust fund today.
Start Your Free ClaimMiller v. Armstrong World Industries
Another case that established precedent in the asbestos litigation space, this 1991 ruling created a precedent for filing legal claims and statutes of limitations for those who have multiple asbestos-related diseases.
Though initially denied, this ruling was overturned on appeal in favor of the plaintiff, stating that Raymond E. Miller would not be held to the original two-year statute of limitations established for his first diagnosis of pleural thickening.
The court found Armstrong World Industries liable for claims in his second disease diagnosis of asbestosis because this diagnosis occurred later and was, therefore, within its two-year statute of limitations.
In cases against Armstrong today, the statute of limitations is established by the Trust Distribution Procedures (TDP), which are based on the date of diagnosis and the date of the claim filed against Armstrong.
Associated Companies
Founded in 1860 by Thomas Morton Armstrong and John O. Glass, the Armstrong Cork Company began by hand-cutting cork stoppers.
It has since grown into a multinational giant with 19 manufacturing facilities, over 3,500 employees, and $1.3 billion in annual revenue reported in 2023.
The company changed its name to Armstrong World Industries in 1980 to reflect the changing nature of its business, which by then included furniture, flooring, insulation, and more.
AWI did not stop using asbestos in its products until the late 1980s.
Companies Associated With Armstrong World Industries:
- American Olean Tile Company
- Applied Color Systems
- Armstrong, Brother & Company, Inc.
- Armstrong Cork Company
- Brinton Carpets
- Dai-Tile International, Inc.
- E. & B. Carpet Mills
- Hart Glass Manufacturing
- Knapp & Tubbs
- Thomasville Furniture Industries
- Whitall Tatum
High-Risk Jobs Associated With AWI
Those who worked in or near AWI factories were at risk for asbestos exposure, especially those who handled raw asbestos fibers. Those risks extend to contractors who installed the products and home and business owners who handled the products.
The trust has identified nearly 2,000 occupations at risk for exposure to AWI asbestos products.
Fact
AWI is responsible for asbestos exposure sites in almost all fifty states and several territories, so its impact was pervasive. The AWI Trust recognizes thousands of occupations and sites impacted by its contaminated products.
Source: Armstrong World Asbestos TrustJobs at Highest Risk for Asbestos Exposure
- Plant Workers
- Anyone who worked in or near an Armstrong World Industries plant, including office employees and janitorial staff, is at risk.
- Floor Tile and Linoleum Layers
- Anyone involved in cutting and sizing asbestos flooring faces a significant risk of exposure. AWI added asbestos to its floor tiles because of its tensile strength and heat resistance.
- Insulation Installers
- Known to create toxic dust clouds, many of the company’s insulation sprays were made from nearly 100% asbestos.
- Cement Masons
- AWI’s cement products contained high amounts of asbestos to ensure their strength. When dry cement is mixed with liquid, it releases a cloud of toxic dust.
Other At-Risk Jobs Include:
- Ash handlers
- Bar shearmen
- Boiler mechanics
- Core room operators
- Demolition Workers
- Engine room crew
- Furnace operators/repairmen
- Galvanizers
- Hot nylon workers
- Ironworkers
- Kiln operators
- Longshoremen
- Maintenance workers
- Oil field workers
- Pipe coverers
- Refractory workers
- Sandblasters
- Tankermen/tanker utility workers
- Welders
- X-ray operators
Exposed to Asbestos
See if you qualify for compensation from the AWI asbestos trust fund today.
Start Your Free ClaimAsbestos Products Used at Armstrong World Industries
Armstrong World Industries began as a wine bottle cork supplier in 1860 and later expanded its product line into corkboard, fiberboard, and other products.
When AWI entered the linoleum and vinyl flooring market, it began adding asbestos to its products. AWI used asbestos because of its tensile strength and chemical and fire resistance.
The company also used asbestos in its insulation products. Some examples include spray-on insulation, such as limpet and Armaspray, which were almost wholly made of asbestos.
Workers experimenting with these sprays reported asbestos dust clouds forming during the testing. While some of these insulation products made it to the market, they were often discontinued before launching.
Armstrong World Industries manufactured the following products that contained asbestos:
Vinyl and Linoleum Flooring
From the early 1930s through 1986, Armstrong flooring contained asbestos. Darker floor tiles are known to contain up to 70% asbestos. Also, most Armstrong floorings have asbestos backings.
In some cases, airborne asbestos levels can rise in areas subjected to high traffic (such as offices or schools) or harsh cleaners. The most common type of asbestos-containing Armstrong tile is Excelon.
Limpet Spray Insulation
Armstrong’s limpet spray insulation, commonly known as flock insulation, was used from 1960 to 1973 and made from 100% asbestos. It was used for fire protection, noise reduction, thermal insulation, and condensation control. Workers who used this product became covered in asbestos fibers from the limpet.
Hydrocord Flooring Felt
Commonly known as floor backing, Hydrocord was used as insulation and cushioning under new flooring. Armstrong’s flooring products contained high amounts of asbestos, which are particularly dangerous when installed and removed. Hydrocord is similar in texture and appearance to compressed cardboard.
Armaflex Insulation
Used as a standard fire, heat, and acoustic insulation, Armstrong’s insulation boards, sheets, and pipe coverings contained between 25% and 40% asbestos fibers. Adhesives and plasters used to install insulation also contained asbestos.
Top Asbestos-Containing Products Used at AWI Include:
- Accobest Gasketing Material
- Accobest Gasketing Material
- Accopac Asbestos Paper
- Acoustic Cement
- Asbestos Felt
The Formation of the Armstrong World Industries Asbestos Trust
As far back as the early 1930s, Armstrong knew about the dangers of asbestos, but company executives did not feel it was their responsibility to help employees.
When the courts ruled Armstrong knowingly ignored the safety of its workers and consumers by using asbestos, the company was slammed with thousands of lawsuits and ordered to pay millions in compensation.
AWI formed and funded its asbestos trust as part of its deal with the courts to emerge from bankruptcy. The trust’s purpose is to provide financial compensation to anyone harmed by AWI’s asbestos use and products.
“Most asbestos disease victims receive compensation from multiple trust funds due to exposure from various products and job sites. Filing claims with all responsible companies holds them accountable and allows individuals to seek the maximum compensation possible.”
– Daniel Wasserberg, Attorney
Understanding the Different Review Processes
When applying for compensation from the AWI Trust, claimants must choose which of the two review processes they will use.
The AWI Trust offers expedited and individual review options; claimants should determine the process that best suits their needs and circumstances.
All claims are handled on a first-in, first-out (FIFO) basis, with expedited review claims taking precedence over individual review claims received on the same day.
Expedited Review
Expedited review (ER) offers claimants the fastest route to settlement. ER claims pay a guaranteed amount, the scheduled value, for all eligible illnesses.
The ER process best serves those who have complete documentation and want assurance of a guaranteed payment amount. Those with pressing financial needs resulting from diagnosis often choose expedited review.
Lung Cancer 2 (Level VI) claims, foreign claims, and secondary exposure claims are not eligible for expedited review.
Individual Review
Generally, claimants who opt for an individual review (IR) receive larger settlements. However, the process takes longer because trustees must review all connected documentation to determine the gross settlement value.
An individual review is a good option for cases where documentation is lacking or the claimant has unusual circumstances that trustees should consider.
Claimants who choose individual reviews must be prepared to wait and tolerate uncertainty regarding the payment amount.
Settlement and Payment Percentage in 2024
AWI filed for Chapter 11 bankruptcy reorganization in 2000. As part of the reorganization, the company created its trust to settle all current and future claims. In the first two years, the trust settled more than 200,000 claims.
When AWI established the trust, the payment percentage was 20%, $20 per $100 requested.
As of 2024, the payment percentage is 13.5% for ER and IR claims. The scheduled value of a mesothelioma diagnosis is $110,000, with a maximum value of $400,000.
The table below represents the scheduled value for covered illnesses rather than the maximum gross settlement possible with an IR claim.
Disease | Compensation |
---|---|
Mesothelioma | $110,000 |
Lung Cancer | $42,500 |
Other Cancer | $21,500 |
Severe Asbestosis | $30,000 |
Asbestosis | Up to $9,700 |
Eligibility Requirements for the AWI Asbestos Trust
To receive compensation from the AWI Trust, claimants must prove their eligibility through extensive documentation. The trust requires two types of eligibility: medical and exposure.
In addition to providing the required documentation, all claimants must ensure their claims are filed within the statute of limitations.
Fact
The statute of limitations varies by state, but claimants typically have 2 to 3 years after medical diagnosis to make their claim. Because the review process is so stringent, claimants may seek professional legal help to navigate the claims process promptly.
Medical Requirements
Each of the eight scheduled illnesses has specific documentation criteria, however, there is significant overlap.
Some standard requirements include:
- Diagnosis of the disease by a physician or a pathologist if the patient is deceased
- Evidence of the disease in the form of testing or imaging
- Chest X-ray
- CAT scan
- Pulmonary function test
- Pathology report
- Supporting medical evidence establishing asbestos exposure as the cause of illness
- 10-year latency
Exposure Requirements
The exposure requirements also vary slightly depending on which illness a claimant has.
Common requirements include:
- Exposure that occurred before December 31, 1982, to asbestos or asbestos-containing products supplied, manufactured, installed, maintained, or repaired by AWI or an entity for which they are legally responsible
- Significant Occupational Exposure (as defined by the trust TDP)
- 5 years of cumulative exposure
Documents needed to meet the exposure requirements may include:
- Witness statements
- Employment records
- Military service records
- Sales records
- Construction records
“Working with an experienced mesothelioma lawyer can help relieve the stress of gathering all these documents. Our specialized team may be able to help you navigate the trust procedures, gather the necessary evidence and documentation, and seek the maximum compensation.”
– Daniel Wasserberg, Attorney
Filing a Personal Injury Claim Against Armstrong World Industries
Those filing a claim against the AWI Trust must go through several steps:
- Choose between expedited or individual review.
- File a complete claim form.
- Submit the required documentation.
- During the review, submit any additional documentation or clarification requested by the trust.
- Finalize the agreed settlement amount.
If any step in the process is not completed to the standards required by the TDP, the claim will be rejected, and the claimant will have to start over.
All claims must be filed within the statute of limitations to be considered. Expert help may be necessary for a successful conclusion for those on a tight timeline.
Loved Ones & Family Members
In many cases, victims of asbestos exposure may not be able to handle the claims process themselves due to severe illness or death.
Frequently, the burden of navigating the trust claims process falls on the victim’s family members or loved ones, who are often already overwhelmed with the financial and emotional pressures of caregiving.
Working with a law firm that specializes in asbestos compensation cases may be able to help streamline the claims process, maximize compensation, and remove some of the burdens from those already dealing with the aftermath of a devastating diagnosis.
To learn about your options, contact us today.
Sources
- Castleman, Barry I. “Asbestos: Medical and Legal Aspects”. Retrieved from http://books.google.com/books?id=dmBWIkIu_IwC&pg=PA544&lpg=PA544&dq=armstrong+asbestos+products
- Dixon, Lloyd. “Asbestos Bankruptcy Trusts: An Overview of Trust Structure and Activity with Detailed Reports on the Largest
Trusts”. Retrieved from http://www.rand.org/pubs/technical_reports/TR872.html - Armstrong World Industries Asbestos Trust. Resources. Retrieved from http://www.armstrongworldasbestostrust.com/resources/
- Rand Institute for Civil Justice. Asbestos Bankruptcy Trusts. Retrieved from http://www.rand.org/content/dam/rand/pubs/technical_reports/2010/RAND_TR872.pdf
- Scheduled Values for AWI Asbestos Trust. Retrieved from https://www.armstrongworldasbestostrust.com/file-a-claim/ir/ir-settlement/
- About Us. Armstrong World Industries. (n.d.). https://www.armstrongworldindustries.com/en-us/about-us.html
- Armstrong World Asbestos Trust. (n.d.). https://www.armstrongworldasbestostrust.com/
- Armstrong World Industries, Inc. Funding Universe. (n.d.). http://www.fundinguniverse.com/company-histories/armstrong-world-industries-inc-history/
- Encyclopedia.com. (2024, July 29). .” International Directory of Company Histories. . encyclopedia.com. 10 Jul. 2024 . Encyclopedia.com. https://www.encyclopedia.com/social-sciences-and-law/economics-business-and-labor/businesses-and-occupations/armstrong-world-industries-inc
- Google. (n.d.). Asbestos. Google Books. https://books.google.com/books?id=dmBWIkIu_IwC&pg=PA544&lpg=PA544&dq=armstrong%2Basbestos%2Bproducts&hl=en#v=onepage&q=armstrong%20asbestos%20products&f=false
- Los Angeles Times. (2002, November 5). Armstrong to create trust for asbestos cases. Los Angeles Times. https://www.latimes.com/archives/la-xpm-2002-nov-05-fi-armstrong5-story.html
- United States Court of Appeals, T. Circuit. (n.d.). Home. OpenJurist. https://openjurist.org/949/f2d/1088/miller-v-armstrong-world-industries-inc-gaf