Pennsylvania § 8368.5 - Adjustment of fair market value.
Full text of Pennsylvania Pennsylvania Consolidated Statutes § 8368.5 — Adjustment of fair market value., with citation guidance and answers to common questions.
§ 8368.5. Adjustment of fair market value.
(a) Annual increase.--Except as provided under subsection (c), the fair market value of total gross assets of a transferor as determined under section 8368.4 (relating to fair market value) shall increase annually until the earlier of:
(1) The date of the settlement, judgment or other discharge to which the limitations under section 8368.3 (relating to liability) are being applied.
(2) The date on which the adjusted fair market value is first exceeded by the cumulative amounts paid or committed to be paid by or on behalf of a successor business entity or a transferor after the time of merger or consolidation for which the fair market value of total assets is determined for purposes of section 8368.3, in connection with settlements, judgments or other discharges of successor asbestos-related liabilities.
(b) Rate.--Any adjustment under subsection (a) shall be at the rate equal to the prime rate listed in the first edition of the Wall Street Journal published for each calendar year since the merger or consolidation plus 1% not compounded.
(c) Exception.--No adjustment of the fair market value of total gross assets may be applied to any liability insurance as determined under section 8368.4.
Source: official Pennsylvania text · Last verified 2026-08-27
Frequently Asked Questions About Pennsylvania § 8368.5
What does Pennsylvania Consolidated Statutes § 8368.5 cover?
Section 8368.5 ("Adjustment of fair market value.") is part of the Pennsylvania Consolidated Statutes, the codified statutory law of Pennsylvania. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Pennsylvania § 8368.5?
A common citation format is "Pennsylvania Consolidated Statutes § 8368.5" (Pennsylvania). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Pennsylvania law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Pennsylvania official source linked on this page or consult a licensed Pennsylvania attorney.
How does Pennsylvania § 8368.5 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Pennsylvania can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Pennsylvania.