West Virginia legislation · 2026 Regular Session
West Virginia SB1008: Relating to statute of limitations for asbestos and silica litigation
Status: Signed into law, March 25, 2026
What the bill says
An act to amend and reenact §55-7G-9 of the Code of West Virginia, 1931, as amended, relating to the statute of limitations for asbestos and silica litigation; and clarifying when a cause of action may be brought. ARTICLE 7G. ASBESTOS AND SILICA CLAIMS PRIORITIES ACT. §55-7G-9. Statute of limitations; two-disease rule. (a) With respect to an asbestos or silica action not barred by limitations as of this article's effective date, an exposed person's cause of action shall not accrue, nor shall the running of limitations commence, prior to the earlier of the (2) The exposed person discovered fact.
From the enrolled text, March 14, 2026:
AN ACT to amend and reenact §55-7G-9 of the Code of West Virginia, 1931, as amended, relating to the statute of limitations for asbestos and silica litigation; and clarifying when a cause of action may be brought. ARTICLE 7G. ASBESTOS AND SILICA CLAIMS PRIORITIES ACT. §55-7G-9. Statute of limitations; two-disease rule. (a) With respect to an asbestos or silica action not barred by limitations as of this article's effective date, an exposed person's cause of action shall not accrue, nor shall the running of limitations commence, prior to the earlier of the (2) The exposed person discovered facts that would have led a reasonable person to obtain a medical diagnosis with respect to the existence of an asbestos-related impairment or silica-related impairment; or (3) The date of death of the exposed person having an asbestos-related or silica-related impairment. (b) Nothing in this section shall be construed to revive or extend limitations with respect to any claim for asbestos-related impairment or silica-related impairment that was otherwise time-barred on the effective date of this article. (c) Nothing in this section shall be construed so as to adversely affect, impair, limit, modify, or nullify any settlement or other agreements with respect to an asbestos or silica action entered into prior to the effective date of this article. (d) An asbestos or silica action …