Third Circuit Overrules Frenville Accrual Test to Hold that Asbestos-Related Claims Arise When the Claimant is Exposed

June 15, 2010
The United States Court of Appeals for the Third Circuit, sitting en banc, recently overruled its own precedential holding in Avellino & Beines v. M. Frenville Co. to hold that in the context of asbestos-related tort claims, a “claim” under the Bankruptcy Code arises when an individual is exposed pre-petition to a product giving rise to an injury rather than when the injury manifests itself. This update clarifies the decision and its implications for asbestos-related injury as well as other mass tort claims.