Insurance Dispute Lawyer Blog

In a test report produced by the EPA, gases and materials toxic to humans were found within the Chinese drywall tested

The EPA did announce earlier in the week that samples of Chinese drywall contained elevated levels of sulfur, strontium, and organic material, reports the Miami Herald. This confirms the results of testing already conducted for the State of Florida at an independent Illinois laboratory, as noted by Coastal Connection on April 15th.

This test demonstrates that the federal government is now fully knowledgeable of the issues involved and that the pre-cursor test done in April has been verified. If you have or believe there to be Chinese drywall in your home, contact your builder and the Berniard Law Firm immediately to have experts handle your case properly. Delays in doing so can only be detrimental to your health and case and it is inherently important you utilize experts like those used by the Berniard Law Firm to handle your Chinese drywall case.

In some absolutely non-shocking news, the chair of the Consumer Safety Commission has stepped down in the wake of the Chinese Drywall disaster.

Nancy Nord, the acting chair of the Consumer Product Safety Commission who has been blasted in recent months for her handling of the tainted Chinese drywall issue, will be handing over the reins to fellow commissioner Thomas Moore next week.

Moore will take over as acting head on June 1 until a new chair can be confirmed by the Senate. In a statement, Nord said she plans to keep her position as commissioner until the end of her term in 2012.

On May 5, President Barack Obama announced his plan to nominate former South Carolina Education Superintendent Inez Moore Tenenbaum as commission chair, and to increase the number of commissioners from 3 to 5.

Progress is progress - let's hope this means Washington will take this issue as seriously as it portends and rectify this situation while enacting measures to prevent something like it from happening again.

The Louisiana senate move forward with changes for Citizens insurance that will hopefully help home and property owners with their coverage and recovery in the event of a hurricane or natural disaster. NOLA.com reports:

The state-run insurer of last resort should have new guidelines to set rates and possibly slow the increase in premiums to homeowners, the Senate decided today.

Approved 30-2, Senate Bill 130 by Sen. Troy Hebert, D-Jeanerette, goes to the House Insurance Committee for more debate.
Hebert said if the bill had been in effect this year, the average 7 percent rate increase imposed May 1 by the Louisiana Citizens Property Insurance Corp., would have been about 3.2 percent.

Hebert's bill would require the reworking of the formula Citizens uses in setting rates. Under existing law, Citizens cannot charge competitive rates with private insurance companies in an area. It must add a 10 percent surcharge on top of the highest rate charged by private insurers in a parish.

With Louisiana, and any legislature in general, any progress is good progress. Hopefully rates will fall progressively with this new measure as coverage and damages require a full, multi-lateral effort amongst all involved.

The U.S. government has stepped forward to bring the law up to pace with protecting homeowners from unknown dangers from contractors.

U.S. Congressman Bart Stupak (D-Mich.), has introduced legislation to block the import of substandard building materials. Consumers in Florida and elsewhere complained of allergy-like symptoms apparently resulting from a sulfur compound wafting from Chinese drywall in their homes.

“Americans expect structural building materials to be safe and effective,” Stupak said. “Industry testing and recent media accounts indicate much of the building materials pouring into the United States from overseas, particularly from China, are unsafe and unreliable.”

Stupak's bill also addresses concerns about substandard steel from China. In April 2008 the Congressional Steel Caucus held a hearing on the steel questioned and determined that U.S. Customs inspectors do not have the authority to reject inferior steel and cannot ensure that it will not end up in U.S. infrastructure.

Again a solid step forward for protection against faulty imported materials is inherently necessary and proof the government is taking this issue seriously and learning lessons for the future.

A U.S. governmental agency confirms what U.S. homeowners already knew:

U.S. Environmental Protection Agency tests of high-sulfur Chinese drywall have confirmed differences between the imported material and U.S.-made drywall, U.S. Sen. Bill Nelson said Tuesday.

The new EPA tests showed the Chinese-made drywall contained sulfur that was not in U.S. drywall, strontium (a metallic element) at levels 10 times as high as in U.S. drywall and two other organic compounds generally found in acrylic paint that were not detected in any U.S.-made wallboard, according to a news release.

“We now know there are three things in there that aren’t in other drywall samples,” Nelson, a Florida Democrat, said in the release. “We’ve got the what, and now we need the why and how do we fix it? In the end, I think all this stuff is going to have to be ripped out.”

More news will develop after this as, obviously, it has been made pretty obvious that there is a problem with this drywall and it is causing problems. If you are experiencing a problem, please contact your family doctor, builder and the Berniard Law Firm so that you do not experience any further problems by taking control of your situation medically and legally. This problem most definitely exists in New Orleans, Texas and the Gulf Coast so it's important that owners do not sit back and accept their predicament. The time for action is now and property and home owners should not stand back and wait.

While stories have been popping up progressively in the wake of Hurricanes Katrina, Gustav and Ike, one interesting development has been the efforts by lawmakers and citizens for preparedness should an unpredictable catastrophe befall their hometown. States along the Eastern Seaboard have been taking action instituting insurance measures and local disaster drills should an unexpected and devastating hurricane knock on their doorstep.

New Jersey is one of those states, taking it as far as to create a fund that would help make sure homeowners would be protected in the event of a cataclysmic storm:

Today, the Legislature will begin hearings on how to best protect New Jersey homeowners from the devastation of major hurricanes or other natural disasters. This is an important and timely step; the Atlantic hurricane season begins in less than a month and New Jersey is both exposed and vulnerable to those storms.

The Senate Commerce Committee will hear testimony on the "New Jersey Consumer Catastrophe Preparedness and Protection Act" (S2089), sponsored by Senate Majority Leader Steve Sweeney (D-Gloucester). It would use private insurer dollars to create a fund that would stand behind the traditional insurance market to cover the most extreme losses from truly massive hurricanes -- not the routine storms that sweep across beachfront properties, but those whose devastation would stretch far beyond our coastal communities and well into many of our urban centers.
Because the fund would be a pubic-private partnership, private insurer dollars that are deposited into the fund, as well as the fund's investment income, would be exempt from state and federal taxes. Mandatory annual deposits combined with tax-free investment income would help the fund to grow year after year.

A portion of the investment income, but not the principal deposits, would by law be annually appropriated for preparation and planning so that damages from storms could be minimized. A portion would be used to enhance first-responder training and equipment so that lives could be better protected when the unthinkable does happen. A portion would also be dedicated to improve consumer and homeowner education so that residents can be informed and prepared in the event of a massive natural event.

It's good to see that the lessons of the past will not be forgotten so easily, even in states that did not face such hardships directly.

In a move set to memorialize and preserve the memory of the carnage and harm recent hurricanes have caused, the NOAA is retiring several notable storm names from active use in the upcoming hurricane season.

The names Gustav, Ike and Paloma will never be associated with future hurricanes or tropical storms on account of their deadly romp through the Caribbean last year, the United States National Oceanic and Atmospheric Administration (NOAA) has announced.

The storms claimed more than 200 lives and left a trail of destruction calculated in the billions across the region from August to November 2008.

Under the normal six-year rotation, the names would have been up to be used again in 2014. However, they will be replaced by Gonzalo, Isaias and Paulette.
An NOAA spokesman said the names were retired for reasons of sensitivity.

This is a good move by the weather service and a chance to move forward in the wake of these storms' deadly destruction.

In a move intended to help protect the citizens of Louisiana from price-gouging and keeping companies from taking advantage of service monopolies, the Berniard Law Firm has joined with other area law firms in a class action against Cox cable.

The general intention of the case against Cox revolves around their refusal to provide their service without costly add-ons that gouge customers and prevent fair market practice. Cox's refusal to allow customers to use cable boxes of their own when using the premium cable service they subscribe to is wholly unfair and constitutes a violation, in our opinion, of antitrust law. Cox customers are unable to do any arrangement but the one Cox forces, which is to contract with Cox for the rental of a set top or cable box that totals $5.25/month, $63.00/year. For customers who have used Cox for some time, these charges can add up.

Because Cox ties their premium cable services to piece of technology that they alone provide constitutes, in our opinion, a violation of regulations of trade that were put into effect by the government, both state and federal, to protect consumers from unfair business practices.

For more information on our suit, go to www.coxclassaction.com.

As cases of Chinese drywall continue to pop up in Texas, Louisiana, Florida, Virginia and other places, the dangers of exposure to it seem to be becoming all too clear. Per CNN, Chinese drywall, in one doctor's opinion, is the cause of recurring health problems and may even be dangerous to pregnant women. One family's situation led the physician, Dr. Ross Nochimson of South Florida, to recommend evacuating to another residence until the drywall and its health danger are gone.

Yorelle Haroush fled a million-dollar South Florida home this week, chased out, she said, by drywall made in China that's emitting vapors that smell like rotten eggs.

"It's making me sick. Physically, mentally and emotionally, making me sick," said the 18-year-old, who is pregnant with her first child.

Haroush lives with her aunt Amy Massachi and her four siblings and cousins in the house. They believe a year's worth of upper respiratory infections, antibiotics, bloody noses and sickness have been caused by the walls.

Their doctor said they need to get out of the $1.2 million estate in Parkland, Florida, northwest of Fort Lauderdale.

"I said, 'you can't stay there anymore, because you're sick every minute,'" the family's longtime physician, Dr. Ross Nochimson, told CNN. "They're sick on a weekly basis. Earaches, sore throat. I give them something, and they're sick again."

The more cases in which physicians with a history with families tell them that their problems are not part of a susceptibility to their environment or health history but, rather, because of Chinese drywall, the more this issue retains urgency.

While builders, contractors and suppliers continue to distance themselves from responsibility, save in some cases, home and property owners are paying the price. There are obvious and documented health problems being caused by this faulty product and along with the investigations the governments, both state and federal, are launching, there is restitution that needs to be made.

If you think you may have Chinese drywall in your home or property, contact the Berniard Law Firm at (504) 527-6225 to have an attorney listen to your situation and advise you of your legal rights. With experts specializing in home construction, health concerns and insurance dispute resolution, the Berniard Law Firm is completely capable and ready to handle this spreading problem. Call today.

Over the weekend, the South Florida Sun-Sentinel's William Gibson reported progress is being made on an investigation into Chinese drywall and its toxic health effects:

Congressmen Robert Wexler and Mario Diaz-Balart persuaded the House to approve a measure this week that directs the secretaries of housing and treasury to study the effect of tainted drywall on home mortgages and property insurance.

''Parents who have found Chinese drywall in their homes and wish to leave out of concern for the safety and health of their children are facing the dilemma of how to find secondary housing and maintain their mortgages on their primary residences,'' said Wexler, D-Boca Raton. ``In addition, the values of these homes in most cases have plummeted due to this tainted drywall.''

The House added the measure to a mortgage-reform bill, which passed the House on Thursday 300 to 114. The bill now goes to the Senate.

The congressmen also seek $2 million of emergency money for the Consumer Product Safety Commission to investigate problems with Chinese drywall.

''This is an important issue that affects not only the residents of southern Florida but also thousands of homeowners nationwide,'' said Diaz-Balart, R- Miami. ``Chinese drywall presents a serious health hazard of great concern and is resulting in homeowners walking away from their homes.''

Obviously a governmental inquiry is going to be monumental progress to finding out just how dangerous these materials are and what effects they have on our homes and families. Further, it shows that the government is stepping up efforts to not only investigate issues but also protect consumers from hazardous products from abroad. Hopefully the Senate will pass this solidly and progress can be made in finding out just what is going on with this toxic building material.

In perhaps the most high profile account of Chinese drywall being installed in a home, the NFL's New Orleans Saints coach Sean Payton has found the faulty wallboard in his house. WNOE reports

The home of Saints coach Sean Payton is one of those where tainted drywall from China has ended up.

Payton and his wife, Beth have joined others in filing suit seeking to recover damages. Named as defendants are companies believed to be involved in the manufacture, importation and installation of the sulpher-emitting drywall.

The drywall has been linked to the corrosion of copper wiring in the houses where it has been installed and in some cases, homeowners have complained of health problems including bloody noses.

This demonstrates that the drywall issue is not limited to just the poor as builders on any variety of economically diverse projects have used the product. If you suspect for a minute you have Chinese drywall in your home, contact your builder or contractor and then contact the Berniard Law Firm immediately to discuss your legal rights before another day goes by.

New issues surrounding faulty drywall are emerging as builders and suppliers are becoming more and more protective of their business practices against accusations of negligence. A recent article by the Herald Tribune points out that homeowners with symptoms closely mirroring those of people living in homes with Chinese drywall are finding their builders are checking for the faulty imported wallboard and then leaving without fixing the issue when tests come back negative.

The new problem is that there may be more to this health concern than simply those sheets of drywall imported from China:

George and Brenda Brinku's home outside Fort Myers has all the signs. A Florida health official and the representative of another builder called the house one of the worst examples they have seen to date. Pictures depicting corrosion inside are on the Florida Department of Health's Web site.

There is just one problem: the home contains no Chinese drywall.

The Brinkus' home in Alva contains only domestically produced drywall, sparking a fundamental dispute between the couple and Charlotte, N.C.-based National Gypsum, which made most of the wallboard. Another 9.6 percent came from USG Corp., also an American producer, and two boards could not be identified, but the tests commissioned by National Gypsum showed they were domestic, too. Those same tests determined that the drywall had none of the deleterious characteristics of Chinese drywall.

National Gypsum's bottom line: The Brinkus do not have a drywall problem.

The problem is obvious: the Brinkus' DO have a drywall problem and the company, National Gympsum, refuses to address it. If you are experiencing any issues resembling those detailed by this blog, contact tan attorney and make sure you receive the justice and compensation you deserve to handle this issue in your home.

In a telling piece that shows just how serious the government is taking this Chinese drywall issue, President Barack Obama is looking to remove the current chairwoman of the Consumer Product Safety Commission Nancy Nord.

The Herald Tribune reports

President Barack Obama intends to remove the current chairwoman of the Consumer Product Safety Commission -- an agency that has been criticized for its slow response to the Chinese drywall and other issues -- as lawmakers look for another $2 million in emergency funding aimed at the growing problem.

Obama announced Tuesday that he would nominate Inez Moore Tenenbaum to replace Nancy Nord, a former Eastman Kodak Co. lobbyist who has been criticized for her ties to industry.

Tenenbaum is a former state education commissioner from South Carolina who ran for the Senate in 2004 and who practiced law and worked for the state House.

This shows the issue is extremely crucial and something for home and property owners to look into immediately to make sure they are on top of any contaminated buildings and any damage that may exist. Make sure to browse this blog's Chinese Drywall archive to find out more information about Chinese drywall and to know your rights on the issue. If you need legal advice regarding your drywall or any other property damage or structural irregularity you feel is not your fault, contact the Berniard Law Firm immediately.

The Chinese Drywall issue continues to spread beyond the Gulf Coast area and makes it more apparent that not only is it a nationwide issue, but that there may be more of this faulty wallboard in the country, possibly in the state, than we first considered.

In Virginia, a group of homeowners have banded together to sue their developer and others for using Chinese drywall in their homes:

Five Hampton Roads homeowners are seeking more than $5 million in a lawsuit filed against a local developer, a distributor and a Chinese drywall manufacturer.

The homeowners claim the companies were negligent for selling the drywall and not warning customers that it was defective. They are seeking class-action status for the suit, filed in U.S. District Court in Norfolk.

Attorney Richard Serpe says his clients are upset that the drywall has made their homes unfit to live in. People in several states have complained that it emits a corrosive gas that damages electrical systems and causes respiratory illness.

For those Texas and Louisiana residents who feel they may have Chinese drywall in their home or property, the Berniard Law Firm is equipped and ready to help you get the legal resolution you deserve. Specializing in insurance and property disputes, our firm has experience working with builders and companies that are used to cutting corners or passing on responsibility, problems that are at the heart of this Chinese drywall issue. Give us a call or send us an email and we will get back to you immediately to discuss your legal options.

Anyone thinking that this issue is not going to make an effect in the New Orleans and greater Louisiana area is going to be surprised we think. This isn't just a Florida issue. The health symptoms of Chinese drywall exposure are being documented and it's only a matter of time before homeowners begin finding out the faulty product is in their homes. Chinese drywall symptoms may not only be in regards to your health, though, as damage to the surrounding property of the drywall has been documented, reported and is currently being investigated.

Contact an attorney at the Berniard Law Firm for more information about this drywall disaster and/or check out the Chinese Drywall section of this site for more information regarding symptoms, home/property damage and other things relating to this issue.

Symptoms of Chinese drywall exposure include

Breathing irregularities/problems

Allergy-like reactions

Nose bleeds

Nausea

Insomnia

Migraines

Headaches

Dizziness

Fatigue

Eye Irritation

Submitted by a reader (and we love our readers!), a new website is available to see just what popular attractions and sites on the island of Galveston are open! Check out Galveston Now Open! to see just what sites you can visit that have recovered from Hurricane Ike.

Much like the determination and rigor that New Orleans demonstrated in the wake of Hurricane Katrina, the site features the emerging "Now Open" signs across the Texas island and the optimism this demonstrates for the Gulf Coast region.

A snippet from the site describing the rebuilding efforts:

But soon the landscape changed. Bright, colorful signs were popping up all over the island, shouting "Now Open." Galveston businesses were telling residents and recovery workers that they were open to serve them.

But who was telling the rest of the world that Galveston is Now Open? Well, I thought, that's what the Internet is for! Because of the work I do to create web sites and market them, I wanted to put the Internet to work for Galveston.

I started taking the photos on January 3, when my son and I attend the grand re-opening of the Grand Opera House. The Press Box next door had their hand-drawn "open" sign on a white board propped up against the front wall. I had been toying with the idea for several weeks, because the signs, although temporary, were such a welcome sight against the piles of debris and destruction.

So since then I've been driving around with my camera and snapping pictures of the ever-growing number of "Now Open" signs on the Island. I really like the photos that show the juxtaposition of the storm damage to the resilient statement that a "Now Open" sign makes.

If for nothing else, the site is worth a look just to see the rebuilding effort and determination being demonstrated in the wake of the sheer destruction Hurricane Ike caused. The best of luck to the citizens of Galveston in their rebuilding effort and thanks to Veronica for the heads up.

Again, the link to the site is available here (http://sites.google.com/site/gnowopen/Home).

While a tropical storm can pop at any point that the water and air temperatures are "right," June 1st is commonly considered to be the beginning of "Hurricane Season."

Things to consider now, or at least before June 1st, are your preparedness for a large tropical storm or hurricane, the storage of important documentation relating to insurance and your home and/or property, evacuation plans and various other steps. Feel free to browse our section on storm and hurricane preparedness tips, located here, and make sure you complete your checklist before storm season gets here.

In the event a storm does cause damage to your home and you feel the insurance companies are not giving you the covered financial restitution you feel you deserve, contact a legal professional immediately. The Berniard Law Firm prides itself on taking on insurance companies and defending Gulf Coast residents against bullying or undercutting insurers.