Examples of Claimant's Jurisdiction in a sentence
In the event a personal representative or authorized agent makes a claim under this TDP for wrongful death with respect to which the governing law of the Claimant's Jurisdiction could only be the Alabama Wrongful Death Statute, the Claimant's Jurisdiction for such claim shall be the Commonwealth of Pennsylvania, and such claimant's damages shall be determined pursuant to the statutory and common laws of the Commonwealth of Pennsylvania without regard to its choice of law principles.
In reviewing such Foreign Claims, the Plan Trust shall take into account all relevant procedural and substantive legal rules to which the claims would be subject in the Claimant's Jurisdiction as defined in Section 6.2(b)(2) below.
If either party rejects a non-binding arbitration award, and the claimant has otherwise complied with the requirements of these ADR/Arbitration procedures and the Plan, then the claimant may commence a lawsuit against the Plan Trust in the Claimant's Jurisdiction as that term is defined in Section 6.2(b)(2) of the TDP.
If the claim was not pending against NARCO and/or Honeywell as a named party in the tort system prior to the Petition Date, the Claimant's Jurisdiction is either (i) the jurisdiction in which the injured party was allegedly exposed to a NARCO asbestos-containing product, or (ii) the jurisdiction in which the injured party resides at the time the claim is filed with the NARCO Asbestos Trust.
For these purposes, the "Claimant's Jurisdiction" is the jurisdiction in which the claim was filed (if at all) against Congoleum in the tort system prior to the Petition Date.
The choice of law provision in Section 8.4 below applicable to any claim with respect to which, but for this choice of law provision, the applicable law of the Claimant's Jurisdiction pursuant to this Section 6.2(b)(2) is determined to be the Alabama Wrongful Death Statute, shall only govern the rights between the Plan Trust and the claimant, and, to the extent the Plan Trust seeks recovery from any entity that provided insurance coverage to Congoleum, the Alabama Wrongful Death Statute shall govern.
The person must comply with the Commission’s direction within seven (7) days of receiving the notice or such other period of time that the Commission may specify in the notice.
If the claim was not filed against Congoleum in the tort system prior to the Petition Date, the claimant may elect as the Claimant's Jurisdiction either (i) the jurisdiction in which the claimant resides at the time of diagnosis or when the claim is filed with the Plan Trust; or (ii) a jurisdiction in which the claimant experienced exposure to an asbestos-containing product manufactured, produced or distributed by Congoleum or in a Congoleum facility.
If the holder of a disputed claim disagrees with the Plan Trust's determination regarding the Disease Level of the claim, the claimant's exposure history or the liquidated value of the claim, and if the holder has first submitted the claim to non-binding arbitration as provided in Section 6.9 above, the holder may file a lawsuit in the Claimant's Jurisdiction as defined in Section 6.2(b)(2) above.
Except for the liquidation of TDP Valued Asbestos Claims under the Alabama Wrongful Death Statute as provided in Section 7.2 above, the law governing the liquidation of Plan Trust PI Asbestos Claims in the case of EXHIBIT H TO THE PLAN Individual Review, arbitration, or litigation in the tort system shall be the law of the Claimant's Jurisdiction.