W. Va. Code § 55-7F-9
Setoff; credit
West Virginia · West Virginia Code Chapter 55 — Actions, Suits and Arbitration; Judicial Sale · Status: effective
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- W. Va. Code § 55-7F-9, Setoff; credit, West Virginia, version 1 as recorded 2026-10-03, yourstate.us, https://yourstate.us/provision/2391058
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Full text
In any asbestos action in which damages are awarded, a defendant is entitled to a setoff or credit in the amount of the valuation established under the applicable trust governance documents, including payment percentages for asbestos trust claims pending at trial and any amount the plaintiff has been awarded from an asbestos trust claim that has been identified at the time of trial. If multiple defendants are found liable for damages, the court shall distribute the amount of setoff or credit proportionally between the defendants, according to the liability of each defendant.