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    A.R.S. § 12-559.3

    Arizona's Annual Adjustment to the Asbestos Successor Liability Cap

    Verified May 17, 2026 • 57th Legislature, 1st Regular Session

    The fair market value of the transferor's total gross assets, which sets the asbestos successor liability cap, increases annually at a rate tied to the prime rate plus a fixed margin. The adjustment prevents the cap from being eroded by inflation over the long latency periods typical of asbestos disease.

    Title 12, LIMITATIONS OF ACTIONS

    azleg.gov

    What This Statute Says

    Asbestos claims sometimes arise four or more decades after the relevant corporate merger. Without an inflation adjustment, the original cap would lose value over time. This section adjusts the cap annually based on the prime rate plus a fixed component.

    A. Except as provided in subsections B, C and D of this section, the fair market value of total gross assets at the time of the merger or consolidation shall increase annually at a rate equal to the sum of the following:

    A.R.S. § 12-559.3

    When This Statute Comes Into Play

    This adjustment matters when:

    • A long-latency asbestos claim is brought decades after the relevant merger.
    • A successor corporation calculates its remaining cap exposure for accounting or settlement purposes.
    • A court must determine the current dollar value of the cap as of a particular claim's resolution.

    What This Means for Arizona Families

    The annual adjustment in this section is one of the reasons asbestos plaintiffs still find meaningful recovery from successor corporations even when the underlying merger happened thirty or forty years ago. The cap grows with time, ensuring that today's dollar values reflect the original asset base in real terms.

    For families pursuing asbestos claims tied to long-ago corporate transactions, this section ensures that the cap defense does not become a backdoor to artificially small recoveries. Our FAQ on starting probate after death in Arizona covers the related administration steps. An Arizona probate attorney working with an asbestos specialist can calculate the current adjusted cap value and project how it will look at trial. Pairing the wrongful death claim with any special needs trust structure for surviving family members preserves both the inflation-adjusted recovery and any ongoing public benefits eligibility for those affected by the asbestos disease in the family.

    A. Except as provided in subsections B, C and D of this section, the fair market value of total gross assets at the time of the merger or consolidation shall increase annually at a rate equal to the sum of the following: 1. The prime rate as listed in the first edition of the wall street journal published for each calendar year since the merger or consolidation, unless the prime rate is not published in that edition of the wall street journal, in which case any reasonable determination of the prime rate on the first day of the year may be used. 2. One per cent. B. The rate found in subsection A of this section shall not be compounded. C. The adjustment of the fair market value of total gross assets shall continue as provided in subsection A of this section until the date the adjusted value is first exceeded by the cumulative amounts of successor asbestos-related liabilities that are paid or committed to be paid by or on behalf of the successor corporation or a predecessor or by or on behalf of a transferor after the time of the merger or consolidation for which the fair market value of total gross assets is determined. D. No adjustment of the fair market value of total gross assets shall be applied to any liability insurance that may be included in the total gross assets pursuant to section 12-559.02, subsection C.

    This page provides general legal information about Arizona statutes and is not legal advice. For guidance on how this law applies to your situation, speak with a qualified attorney.

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