Overwhelmed by mounting asbestos lawsuits tied to their products and operations, the Celotex Corporation and its subsidiary Carey Canada Inc. filed for bankruptcy on October 12, 1990.
To address these claims, the Celotex Asbestos Settlement Trust was established on February 1, 1998, with $1.5 billion earmarked to resolve valid asbestos personal injury claims against both companies.
Like most asbestos trust funds, the Celotex Trust pays only a percentage of each claim’s settlement value to preserve funds for current and future claimants. The current payout rate is 7%.
See if you qualify for compensation from the Celotex Asbestos Settlement Trust today.
Key Information
- By 1990, Celotex faced almost 400,000 legal claims representing roughly $200 billion in liabilities.
- The Celotex trust set a precedent for all future trusts, requiring claimants to show proof of exposure to specific Celotex products.
- Celotex used asbestos to make insulation, roofing, and other building materials. It was also responsible for large-scale asbestos mining operations through its subsidiary Carey Canada Inc.
- The top occupations impacted were miners, factory workers, construction specialists, and insulation workers.
The Celotex Corporation & Asbestos Exposure
The Celotex Corporation was founded in 1921 and became a leader in fiberboard insulation manufacturing. The company expanded rapidly, opening a European branch headquartered in Great Britain in 1925 and manufacturing plants in several states.
By the 1960s, Celotex, working closely with its Canadian division, Philip Carey Manufacturing Company (Carey Canada), started incorporating asbestos into its popular insulation, roofing, and building materials for commercial and residential applications.
Celotex sourced raw asbestos from Carey, Canada, and by 1965, both companies were aware that contractors using their asbestos-contaminated insulation faced a significant risk of developing asbestos-related diseases like mesothelioma.
In 1990, overwhelmed by approximately 400,000 legal claims from individuals harmed by their products, the Celotex Corporation filed for Chapter 11 bankruptcy protection.
Fill out the form below to see if you may qualify for compensation from the Celotex Asbestos Settlement Trust today.
Celotex & Asbestos Lawsuits
Celotex came under legal fire in 1990 after 400,000 people filed claims against the company. Estimates put their liabilities at this time at roughly $200 billion.
Several of these claims led to expensive public trials before and after the trust’s founding.
- Marion George was awarded damages from Celotex as a result of her husband’s death after being exposed to asbestos. The plaintiff also sued 16 other companies, all of whom settled. Celotex was ordered to pay a sum of $588,000. Celotex tried to appeal the ruling but was unsuccessful.
- Haskel and Mattie McNair sued Celotex and twelve other asbestos manufacturers following Haskel’s diagnosis of asbestos-related lung cancer. Celotex was ordered to pay the couple $125,000 in damages.
- Celotex was also found responsible for widespread asbestos use in New York City. In a landmark 2007 court decision, the trust was ordered to pay more than $40 million for 400 property damage claims by New York City for asbestos in schools and other buildings.
Associated Companies
Founded in 1921, Celotex initially manufactured fibreboard insulation. The company rapidly expanded, opening a European division in 1925 called the Celotex Company of Great Britain.
Subsequent years saw Celotex diversify its product offerings and open plants in Alabama, Arkansas, California, New Jersey, North Carolina, Ohio, Tennessee, and Texas.
During this rapid growth, Celotex expanded internationally again by acquiring Carey Canada Inc. This asbestos mining operation soon launched its own line of asbestos-containing building products under Celotex’s supervision.
Celotex was purchased by the Jim Walter Corporation (JWC) in 1964. JWC owned the manufacturer until shortly after its bankruptcy proceedings were finalized in 1998. In 2000, other manufacturers began buying off the remaining product lines and operations.
In 2012, Saint-Gobain purchased the remaining interests. Celotex is still operating as a Saint-Gobain subsidiary.
Companies Associated With the Celotex Corporation:
- BPB PLC
- Carey Canada, Inc.
- Celotex Company of Great Britain
- Celotex Corporation of America
- CertainTeed
- Dow Chemical Corporation
- Jim Walter Corporation
- Philip Carey Company
- Saint-Gobain
High-Risk Occupations Associated With Celotex
Celotex was a multinational corporation that supplied asbestos-contaminated insulation, roofing, and building products throughout Europe, Canada, and the U.S. In addition to manufacturing, the company owned and operated an asbestos mine until 1986.
The scale of their operations exposed hundreds of thousands of employees, contractors, and consumers to asbestos.
Fact
Celotex used asbestos in its products and mined asbestos through its subsidiary Carey Canada Inc. The vast exposure range has impacted hundreds of occupations and thousands of sites across the United States, Europe, and Canada.
Jobs at Highest Risk for Asbestos Exposure
- Insulators
Celotex manufactured various building materials but initially specialized in insulation, which remains a lynchpin of their product offerings. Until the mid-1980s, most of their insulation products contained high levels of asbestos due to its heat- and fire-resistant properties.
Installers who worked closely with these products were regularly exposed to airborne asbestos particles during their working hours. Celotex did not warn consumers and contractors about the hazards presented by their products.
- Factory Workers
Celotex had at least 26 plants in the U.S. and even more abroad before the company went bankrupt in the 1990s. Employees at these plants, where Celotex manufactured asbestos-contaminated building materials, faced regular exposure to asbestos during production.
- Miners
Carey Canada Incorporated — one of Celotex’s largest subsidiaries — was originally an asbestos mining operation. Those working in and around the Carey mine were at a high risk of asbestos exposure due to the airborne particles generated by mining activities.
Other At-Risk Jobs
- Boiler workers
- Construction workers
- Demolition workers
- Electricians
- Home builders
- Home remodelers
- Masonry workers
- Painters
- Pipefitters
- Plumbers
- Roofers
- Shipyard workers
Asbestos Products Used at Celotex
Celotex produced a wide range of building, roofing, and insulating materials for residential and commercial construction. Its signature product, Cemesto — a composite of sugarcane, asbestos, and cement — was among many sold under various brand names.
Top Asbestos-Containing Products Used at the Celotex Corporation Include:
- Cemesto structural insulation
- Celo-Siding housing material
- Acoustic tiles
- Asphalt roof rolls
- Flexcell joint filler
- Celo-Rok Gypsum products
- Carey 7-M asbestos shorts
- Carey block insulation
- Carey fire foil board and panels
- Careyflex board
- Careytemp masonry block insulation and blocks
- Carey industrial A/C boards
The Formation of the Celotex Asbestos Settlement Trust
The Celotex Asbestos Settlement Trust was established in 1998 following the bankruptcies of Celotex Corp. and Carey Canada.
Funded with approximately $1.5 billion, the trust was created to fairly compensate individuals harmed by asbestos-related products and activities linked to Celotex and its subsidiaries.
The Celotex Asbestos Trust recognizes seven scheduled disease levels as eligible for compensation through trust fund claims.
Understanding the Different Review Processes
The Celotex Asbestos Trust offers claimants two review processes when filing a claim against the trust: discounted cash payment and individual review.
Claimants must decide which review process to undergo before filing, as each has a distinct claim form and differing eligibility standards. A skilled asbestos attorney can help eligible victims decide which review process best suits their needs.
Discounted Cash Payment
Trust fund claimants who opt for a discounted cash payment (DCP) receive their funds sooner than those who elect individual review claims, making it a good option for those who need funds quickly to meet pressing medical and living expenses.
Discounted cash payments provide a guaranteed settlement amount and require less paperwork, but the settlement amount may be less than that of an individual review claim for the same disease.
Only five of the seven scheduled disease levels are eligible for DCP. Disabling bilateral interstitial lung disease and non-disabling bilateral interstitial lung disease are only eligible for compensation through individual review.
Individual Review
Individual review claims are closely scrutinized on an individual basis. Claims are judged, and the amount of compensation is calculated based on the severity of the illness, the severity and duration of the exposure, and the credibility of the causal link between the exposure and the disease.
Most individual review claims receive a settlement offer between the scheduled value and the maximum value for the disease level. Sometimes, when the evidence is less credible or the disease less severe, a claimant may be offered less than the scheduled value.
Individual review is best for those who want to maximize their compensation and who can afford to wait to receive their settlement.
“Many asbestos trust fund claimants qualify for compensation from multiple trusts. Since asbestos exposure often affects specific professions, most victims encountered asbestos at various worksites and through multiple products. Filing claims with multiple trusts enables individuals to pursue the fullest compensation available.”
– Daniel Wasserberg, Attorney
Settlement and Payment Percentage Amounts
Like most asbestos trusts, the Celotex Asbestos Trust only pays a percentage of the settlement value for each claim. This process helps ensure that all eligible present and future claimants can receive funds from the trust. The current payment percentage is 7%.
Amounts for discounted cash payments:
Disease | Compensation |
---|---|
Mesothelioma | $6,800 |
Lung Cancer | $1,750 |
Other Cancer | $1,080 |
Asbestosis | $690 |
Bilateral Pleural Disease | $350 |
Scheduled value and maximum value for individual review claims (This chart represents a potential range only. Some claims may be worth less than the scheduled value.):
Disease | Scheduled Value | Maximum Value |
---|---|---|
Bilateral Pleural Disease | $8,000 | $20,000 |
Non-Disabling Bilateral Interstitial Lung Disease | $16,000 | $25,000 |
Disabling Bilateral Interstitial Lung Disease | $32,000 | $192,000 |
Other Cancer | $26,000 | $130,000 |
Lung Cancer 1 | $39,000 | $260,000 |
Lung Cancer 2 | $58,000 | $260,000 |
Malignant Mesothelioma | $130,000 | $325,000 |
Eligibility Requirements for the Celotex Asbestos Trust
To file a claim with the Celotex Asbestos Trust, claimants must first establish their eligibility through documentation. This includes providing two key types of evidence: medical and exposure.
All claims must be submitted within the statute of limitations to be considered for review.
Medical Requirements
The exact medical requirements to prove eligibility vary depending on which of the scheduled disease levels a claimant is pursuing and whether the illness is considered malignant or non-malignant.
Standard medical eligibility requirements include:
- Diagnosis with one of the scheduled illnesses by a doctor or pathologist
- Supporting proof in the form of imaging or testing like:
- X-ray
- CT scan
- HRCT scan
- Pathology report
- Supporting evidence showing a causal link between asbestos exposure and disease development
- 10-year latency
Exposure Requirements
Claimants must demonstrate both the severity and duration of their exposure to specific Celotex products and job sites. While this is now standard practice, Celotex was the trust that set the precedent for requiring proof of exposure to particular products.
To file a claim, victims must include:
- Their occupation and a description of the duties and activities that led to exposure to Celotex or Carey Canada asbestos-containing products
- A description of the industry where the exposure occurred, including why and how the asbestos-containing product was used in this industry at each specific exposure site
- The employers or job sites where Carey Canada or Celodex exposure occurred
- The period of employment at each particular job site
- The nature of the injured person’s exposure to Celotex or Carey Canada asbestos-containing products, including:
- The frequency of exposure
- The duration of exposure
- Whether exposure was from working directly with the product, working in the area where the product was handled, etc.
To prove asbestos exposure occurred, the claimant must produce credible documentation determined by the standards in the Claims Resolution Procedures.
“Getting legal help can reduce the stress involved in filing a trust fund claim. A skilled asbestos lawyer can help clients gather evidence and documentation, navigate the complex filing process, and pursue the maximum possible compensation.”
– Daniel Wasserberg, Attorney
Filing a Personal Injury Claim Against Celotex
Unfortunately, in asbestos claims, the burden of proof is on the claimant. Anyone filing against the Celotex Asbestos Trust Fund must be prepared to gather and submit enormous quantities of evidence on a tight timeline while navigating complex legal procedures.
Steps to filing a claim against the Celotex Asbestos Trust:
- Choose whether you want a discounted cash payment or to undergo an individual review. Be sure to choose the correct claim form.
- Submit a completed claim form, including all required documentation.
- The Celotex Trust offers claimants the option of filing electronically or by mail.
- Monitor the status of your claim and address any deficiencies in documentation uncovered during the review process.
- If successful, accept your settlement offer. If unsuccessful, there may be grounds for review of the decision in some cases.
Partnering with an experienced asbestos lawyer can greatly improve the likelihood of a successful claim while alleviating much of the stress for the claimant.
These lawyers have access to specialized tools and databases, allowing them to efficiently gather the required documentation and leverage their expertise to maximize potential compensation.
Loved Ones & Family Members
The burden of filing an asbestos claim often falls on the family members and loved ones of the victim. Many victims are too ill to navigate the complexities of the process, and sadly, some may pass away before a claim can even be initiated.
Filing a claim without the victim’s direct involvement can complicate the process further, making it essential to have expert assistance in gathering the necessary proof for a successful claim.
A diagnosis of an asbestos-related illness can bring overwhelming financial and emotional strain to a family. Partnering with an experienced asbestos attorney can help alleviate this stress and ease the financial burden, ensuring the claim is handled with care and efficiency.
If you or a loved one has become sick as a result of asbestos exposure and want to know more about your potential compensation options, reach out now for a free consultation.
Sources
- Celotex Asbestos Settlement Trust. Retrieved from http://www.celotextrust.com
- Houston Business Journal. “With bankruptcy hurdle cleared, Celotex will shutter local operations.” Retrieved from http://www.bizjournals.com/houston/stories/1998/01/19/story6.html?page=all
- OpenJurist.com. “914 F. 2d 26 – Marion George v. The Celotex Corporation” Retrieved from http://openjurist.org/914/f2d/26
- 914 F. 2d 26 – Marion George v. The Celotex Corporation. OpenJurist. (n.d.). https://openjurist.org/914/f2d/26
- Haskel Shelton McNair and Mattie Erlene McNair v. Owens-Corning Fiberglas Corporation, the…, 890 f.2d 753 – courtlistener.com. Court Listener. (n.d.). https://www.courtlistener.com/opinion/532786/haskel-shelton-mcnair-and-mattie-erlene-mcnair-v-owens-corning-fiberglas/
- History of Celotex. westernroofing.net. (n.d.). https://www.westernroofing.net/2022/07/25/history-of-celotex/