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This blog contains a wealth of information on how to make a damages claim, whether you own a business or have simply been financially harmed by this ecological disaster.
]]>The news comes as welcome to an area that has been besought by financial difficulties as a result of the various closures caused by the BP oil spill. The Press reports
The claims system sets up a formal process to be run by a specialist with a proven record. Instead of vague promises by BP, there will be a White House-blessed structure with substantial money and the pledge that more will be provided if needed. The news was applauded in the Gulf -- a rare positive development in a terrible two-month period since the April 20 explosion that killed 11 workers and unleashed a flood of oil that has yet to be stemmed.
While the fact money has been set aside will be welcome news to many, some may fear that a lack of review may lead to problematic denials by BP. The White House, however, reports that the claims process will also include a three-member panel to review and handle claims that are refused. Further, the $20B fund will be paid into over four years by BP and the amount is not a cap.
Even though these remarks demonstrate an effort on the part of the oil giant and the government, people have raised issue with a remark made by the BP chairman that he had heard "comments sometimes that large oil companies are greedy companies or don't care, but that is not the case with BP. We care about the small people."
Justin Taffinder of New Orleans was not amused. "We're not small people. We're human beings. They're no greater than us. We don't bow down to them. We don't pray to them," Taffinder said.
While this poor choice of words is can obvious gaffe, the news of a block of money now conclusively tied to the claims process is a great step towards making the people of the Gulf Coast harmed by this disaster whole. The encouraging nature of $20B not being a "capped amount" furthers the positive sentiment due to the fact it shows a true determination that BP will be held fully responsible for any hardship caused.
More information regarding this BP oil spill claims breaking news will be provided when it becomes available.
]]>BP and Transocean are dealing with wrongful death lawsuits from families of the 11 victims who died in the explosion as well as lawsuits from those injured. Survivors of individuals who have died due to the negligence of someone else can recover a multitude of damages in a wrongful death suit, such as medical expenses, burial expenses, compensation for pain and suffering and loss of consortium, and even punitive damages in some cases.
Those who have lost revenue in the aftermath of the blast such as fisherman, restaurants, charter boat companies, even homeowners could also bring class action suits. Even municipalities may sue for lost tax revenue. In addition, shipping companies could sue if traffic along the Mississippi river gets disrupted. The trail of liability these companies will most likely face is long and complex because the effects of the disaster are far reaching and anyone adversely affected may be entitled to compensation from those deemed responsible.
Cleanup itself creates new liability issues because the chemicals used to try to disperse the oil are dangerous to the fisherman who are trying to help. If these volunteers are injured the companies may face additional personal injury lawsuits in the future.
It is not unusual for an oil spill like this one to create a huge legal mess. Following the Exxon Valdez spill in 1989, there were 17 categories of lawsuits filed against Exxon, with each representing thousands of aggrieved parties who ended up collecting $507 million in compensation plus the same amount in punitive damages. This oil spill could have even greater legal implications since the population of the Gulf Coast is 10 to 20 times greater than the population of the Alaskan coast with a maritime economy that is much bigger.
Some questions exist as to how much BP, as the major player involved, will be forced to pay for the economic repurcussions of the spill. The Oil Pollution Act (OPA) caps some of BP's liabilities at $75 million. This number is so low that some Democrats in Congress have proposed retroactively raising the cap to $10 billion. According to analysts, the actual liability will lie somewhere in between, possibly around $3 billion, a fraction of the estimated cleanup cost of up to $20 billion. Following the Exxon Valdez spill, cases trying to collect higher punitive damages were argued for years, going as high as the Supreme Court only to be unsuccessful. In the end, maritime law proved to be fairly stingy in providing for costs beyond hard financial damages. With this legal precedent set, it will be an uphill battle for plaintiffs to collect more in an effort to be made whole this time around. However, given the far reaching economic implications of the spill and increased number of people affected, anything is possible.
In any event, BP will probably not even pay all of the damages awarded. While BP has pledged to pay for the cost of cleanup and legitimate damage claims they will most likely try to offset their cost by going after the other companies involved in the construction and operation of the Deepwater Horizon rig. This can be accomplished through contribution lawsuits, which are claims brought by a defendant (like BP) to a lawsuit for money damages owed to a plaintiff. Typically one defendant will sue other defendants or third parties and claim that they are required to "contribute" to help pay the cost of damages owed to the plaintiff.
To navigate these complexities, a qualified attorney is necessary. With so many different defendants and a wide variety of legal recourses available for both side to utilize, legal representation will be key to the financial awards people receive. Further, the wide variety of plaintiff classes and issues will make it important each individual looking to make a claim is represented properly. With damages that some people might not even be aware they can claim, hiring a lawyer capable of making the best case for you is an important choice to be very careful with. Doing so not only ensures no claims are missed but also that adequate provisions like venue, class and statute of limitations are followed.
]]>While talking to New Orleans City Business (articles available to subscribers only), Berniard was asked about the difficulties some might face in collecting damages caused by the oil spill
βItβs the same issues we dealt with after Katrina in terms of (Small Business Administration) loans,β he said.
In the event of Katrina, insurance companies and loan groups often asked for proof of earnings that small business owners struggled to provide. In those instances, the owners were forced to either accept little to no assistance or hire an attorney that would be able to get them the money they needed. Using a variety of processes including getting records from employers, customers, average yields of similar fisherman, etc., hiring the right attorney can mean a world of difference.
Because bigger businesses can often afford to have a professional tackle their taxes year in and out, this problem will likely be dealt with by small business owners who work in a cash-heavy industry. Berniard also noted that "eligibility for damages claims typically requires paperwork from the Internal Revenue Service to prove yearly earnings." This is another area where larger businesses with complex filing systems will come out of the claims process easier than those businesses who might not be able to afford the proper storage or formatting required to keep complex and lengthy paper trails for the sake of proving earnings. Without proper representation, this may lead to small businesses closing shop merely because they had kept their buying and selling on a cash basis.
Oil Spill Pollution Act claims will be a prominent issue as Gulf Coast workers struggle to make ends meet during restrictions in fishing because of the miles upon miles of floating crude oil. While these problems with income proof will likely not be an issue for most of the small businesses in the area, years of delays from storm damage have shown that the claims process will likely be a difficult one. Local individuals wishing to pursue a claim for lost wages or damage to their property are advised to keep close records of business before and after the spill as well as to begin collecting as much financial data as possible from previous years. While an attorney like Mr. Berniard could be able to achieve results without such records, the more assistance you can provide to an attorney helping manage your claim the more likely the claims process will move forward successfully. By being prepared with extensive records in the event of any sort of audit or claims investigation that can come from their claim, local victims may successfully prove their claim.
Our firm will be releasing more information on how to file an oil loss claim. Feel free to bookmark our site and check in often for more news and helpful directions as they become available. If you feel you have a claim to make, contact our offices and an attorney will help advise you on your rights in this matter.
]]>The U.S. Coast Guard's National Pollution Funds Center website details that a boat's owner can submit claims relating to the removal of oil stains from the vessel (interior furnishings upholstery and carpeting included) so that the vessel may be restored to its condition before the oil damage. Claims may also be filed for the damage done to a boat's motor, rudder, anchor winch and other mechanical parts of the vessel harmed by oil.
In general, all claimants, regardless of what losses they are claiming, are required to provide the following;
1. Photo Identification 2. Tax Returns from 2007- 2009- However claims representatives have indicated they will take fewer years. 3. Any appropriate licenses (captain licenses, etc.) that someone in that line of work would normally have.
Louisiana boat captains will also need to provide the following for an oil loss
1. Log Books with cancellation information 2. Contact information for clients who cancelled trips 3. A list of continuing expenses
Boat captains will undoubtedly be affected for years to come by the negligent parties associated with this oil spill. Once a claim determination is made, a claimant must either accept or reject the offer within 60 days. If the offer is accepted, a release must be signed. If no action is taken within 60 days, the offer to pay the oil spill claim will be voided and the claim is closed. If the boat captain decides to reject the offer this can start an entirely new review process. Another claim determination will be made as a result of the reconsideration and the final determination on the matter becomes final. The claims adjusters do not consider the reconsideration process to be a negotiation.
The problem with this process is that, once a release is signed, boat captains potentially will not be able to make claims for losses incurred over the next few years for their oil spill claim losses. If a boat captain decides to sign a release in the next few months and the oil spill causes his business to fall next year surely the responsible parties will deny his claim by asserting the release caused all claims to be settled at the time it was signed. For this reason alone it is important that individuals have a legal expert inspect the claim and make sure that their rights are protected for years to come.
The Berniard Law Firm is currently handling oil spill claims for boat captains and is advising against signing any and all releases that will cap damages at only this years losses. If you want to speak with a lawyer today about your oil spill claim as a boat captain call 1-866-574-8005 for a free consultation.
]]>First, every claimant, no matter their employment category, needs to provide the following to the claims center:
1. Photo Identification 2. Tax Returns from 2007- 2009- However claims representatives have indicated they will take fewer years. 3. Any appropriate licenses (captain licenses, etc.) that someone in that line of work would normally have.
In addition to the above referenced items that are required for all claims a deckhand will also need to have
1. The vessel name on which they were employed. 2. The vessel registration 3. Captain's name and phone number- to verify they are employed on the vessel.
After an individual has submitted this information, the claims department will process the documentation in the order that it was received. The oil spill loss claim will be reviewed by a claims adjuster to see that all the information is included. If additional information for verification of the oil spill claim loss is required the adjuster will request that such information be forwarded to them. If the adjuster does not receive the requested information 90 days, the adjuster will complete his decision on the claim with the information in hand. It is possible that the adjuster could deny the claim on the basis of lack of information.
By being thorough and providing as much information as possible, claimants may be able to better their chances to receive a solid response. It is important, however, that any possible financial settlement or compensation in response to a claim that a deckhand receives be reviewed by an attorney in order to preserve future rights to damages. It's quite possible that all settlements offered by BP will come with a requirement that all future claims be limited or prevented outright. As no one knows how long this oil spill will be an issue, to sign away rights to future claims is dangerous and ill advised.
If you need assistance with your oil spill claim the Berniard Law Firm's attorneys are happy to represent you in these matters. Our firm is actively and aggressively pursuing claims against the responsible parties for deckhands as well as all other claimants who need assistance. Call the Berniard Law Firm today at 1-866-574-8005 to discuss your legal rights in pursuing your oil spill claims against BP or any of the responsible parties.
]]>Grand Isle Community Center, 3811 Louisiana 1, Grand Isle Jean Lafitte Town Hall, 2607 Jean Lafitte Blvd., Jean Lafitte 2766 Belle Chasse Highway, south of Gretna between Terry Parkway and Behrman Highway.
For those in St. Bernard Parish, the Deepwater Claims Center is located at 1345 Bayou Road, St Bernard at the Rosa Ducros Tennant Museum. Open 8 am - 8 pm.
Those affected in Plaquemines Parish (Venice, etc.) may go to the Claims Center located at 41093 Highway 23, Boothville, LA 70038. Open 9 am β 5 pm daily.
The St. Tammany Parish/Slidell claims office opened to the public at 7 a.m. Monday for helping in the filing of claims relating to the Deepwater Horizon explosion and the resulting oil spill. The center is located at 2040 Gause Blvd. Suite 10, of I-10.
For those with Small Businesses wishing to speak with representatives of the Small Business Administration regarding their options under the SBA's Economic Injury Disaster Loan program can visit the following locales' Business Recovery Center
Jefferson ParishLSBDC Greater New Orleans Region UNO Jefferson Center 3330 N. Causeway, Suite 422 Metairie, LA 70002 Monday to Friday, 8:30 am-5 pm
Grand Isle Community Center Rotary Room 3811 Highway 1 Grand Isle, LA 70358 Monday to Friday, 8 am - 5 pm
Lafourche Parish
South Lafourche Public Library 16241 East Main Street Cut Off, LA 70345 Mondays through Fridays, 9 am - 6 pmOrleans Parish
Vietnamese Initiatives in Economic Training 4655 Michoud Boulevard, #D6, 1st Floor New Orleans, LA 70129 Monday to Friday, 8 am-5 pmPlaquemines Parish
St. Patrick's Church Family Life Center 28698 Highway 23 Port Sulphur, LA 70083 Monday to Friday, 9 am - 5 pmVenice Boat Harbor Office Tiger Pass Road Venice, LA 70091 Mondays through Fridays, 9 am - 6 pm
SEEDCO Financial Southeast Louisiana Fisheries Assistance Center 212 Avenue G (near Belle Chasse Ferry) Belle Chasse, LA 70037 Monday to Friday, 9 am - 5 pm
St. Bernard Parish
Gulf Coast Bank & Trust Company 1801 East Judge Perez Drive Chalmette, LA 70043 Monday to Friday, 9 am - 4 pm7801 Hopedale Highway (near the Breton Sound Dock & Marina) Hopedale, LA 70085 Monday to Friday, 9 am - 6 pm
St. Tammany Parish
1330 Bayou Lane Trailer 102 Corner of Pennsylvania Avenue and Bayou Lane Slidell, LA 70460 Mondays through Fridays, 8 am - 5 pm
Again, individuals interested in making a claim must call 1-800-440-0858 before visiting a claims center. For more information on your legal rights in this matter, feel free to contact our offices today.
]]>The process for making a claim has a list of requirements that, when completed, will profile the harms faced and damages incurred. Basically, for the owner of Commercial Fishermen operations in Terrebonne, St. Bernard, Jefferson, Lafourche and Plaquemines Parish, once they are aware of their losses they must present their claims to the responsible parties within three years of that time. In this case, fishermen must submit their claim to BP as owners of the Deepwater Horizon oil rig.
Certain information is required for all claimants with oil spill losses. Such basic requirements for all oil spill claims are
1. Photo Identification
2. Tax Returns from 2007-2009- However claims representatives have indicated they will take fewer years.
3. Any appropriate licenses (captain licenses, etc.) that someone in that line of work would normally have.
Also, all commercial fishermen will be required to furnish the following information to present an oil spill claim:
1. The name of the boat
2. The license number of the boat
3. The state of registration
4. The commercial fishing license
5. the commercial gear number, and
6. The Vendor's sale receipts.
There is no required format for oil spill claims. The requirements merely stipulate that the claim has to be made in writing. By being as precise and accurate as possible with your claim, the claimant can make the process easier on themselves as well as standing out for the care they took in providing their proof, etc. Utilizing all possible tools to provide claims processors ease in their efforts will provide claimants the best possible opportunity to receive what they are looking for.
The Berniard Law Firm will be providing sample claims for the various effected parties in future blog posts to help all parties effected by this matter. Please stay tuned to this blog to receive further information regarding the OPA claims handling process.
]]>Mr. Berniard is well known in the Louisiana legal community as an expert in personal injury cases and suits against negligent companies. With knowledge regarding the Oil Pollution Act (OPA), a federal law passed in 1990 in response to the Exxon Valdez oil spill of 1989, his legal representation would help advance anyone affected by the incident. The OPA, though little known to many general-practice attorneys, will play a critically important role in the litigation over the Deepwater Horizon disaster. Assigning liability will be particularly challenging given that numerous companies such as BP, Transocean Ltd., Cameron International Corp., and Halliburton Energy Services were involved in the drilling project. In recognition of his expertise and trial experience, Mr. Berniard has been invited to deliver a Continuing Legal Education seminar on the OPA and legal matters regarding this incident to area attorneys in the coming months.
Additionally, Mr. Berniard is highly regarded for his skills in complex litigation, including class-actions. He is noted for his efforts to help Louisiana families impacted by defective Chinese Drywall, and in 2009 gave a lecture on the topic at a Continuing Legal Education seminar in New Orleans. Also, following Hurricane Katrina, Mr. Berniard recovered over $45 million in uncompensated damages for his clients.
If you suffered any damages related to the Deepwater Horizon incident, or in the coming days incur oil removal expenses, you may be entitled to receive compensation from the Oil Spill Liability Trust Fund or to obtain other monetary relief. Put the disaster litigation experience of the Berniard Law Firm to work for you by calling 504-527-6225 or 1-866-574-8005.
]]>While Chinese Law Makes Collecting Judgments Against Toxic Drywall Manufacturer Difficult, there are Options for Homeowners
According to Gordon Gao , a partner in a Beijing firm, it is often very difficult to collect judgments against Chinese companies that were awarded to plaintiffs in US courts.
"'In general, collecting on a U.S. judgment [in China] is difficult if not impossible,' says Gordon Gao ... Chinese law, he explains, only permits the enforcement of foreign judgments through bilateral treaties. But China doesn't actually have any such treaties with other countries."
This means that US courts do not have the power to reach across our nation's boundaries and force Chinese companies to pay out the damages awarded to US plaintiffs in US courts. However, there are options for New Orleans homeowners hoping to collect from Chinese companies. It is possible that plaintiff's attorneys can try to have ships carrying Taishan Gypsum Co. products seized. Doing so would allow the courts to decide if the ships may be claimed for their value and sold in order for the plaintiffs to collect their judgments. The ships must be located in US waters at the time of seizure.
If You Installed Tainted Drywall In Your Home, You May Be Able to Sue the Manufacturer for Breach of Implied Warranty or Negligence
Even if you do not have a written warranty from the drywall manufacturer, you may still be able to establish a breach of the implied warranty of "Merchantability."
Implied Warranty of Merchantability
The Uniform Commercial Code provides that any sales contract that involves a merchant/seller implies a warranty of merchantability without the need for an express contractual agreement. However, in order for this theory to apply, a seller must not have disclaimed it in a written sales contract.
In order to be "merchantable" good must meet several requirements including that the goods must be fit for the ordinary purpose for which such goods are used. Therefore, if you have bought tainted drywall, you may have a case against the manufacturer under a theory of "Implied Warranty of Merchantability." The drywall you purchase should be "fit" for the purpose of installing in a building. Drywall that exposes occupants of the building to toxins would likely fail to meet this standard.
All the same, it is important to note that the Implied Warranty of Merchantability does not guarantee that the goods must be of the highest quality. Instead, the goods must be of a high enough quality to make them suitable for the purpose for which they were designed. In order to bring a lawsuit, the defect in the good must be a result of a manufacturing flaw, a design defect, or fail to give adequate warnings. Thus, if the toxins in the drywall originated due to an error or negligence on the part of the Chinese manufacturer, you may be able to show a breach of this implied warranty.
Negligence
Generally, a seller can be held liable for negligence if the seller's product is defective and can be reasonably expected to cause substantial harm to any foreseeable product users. In order to establish a claim for negligence, you must be able to show that the Chinese drywall seller owed a specific duty to you, that the seller breached that duty, that there is a causal connection between the sellers conduct and the injury, and that you suffered damage or injury from the breach.
Under products liability law, a seller has the duty to provide a reasonably safe product in design and manufacture. Thus, the sale of toxic drywall that must be removed from a home due to health concerns likely establishes a breach of this duty to provide a "reasonably safe product." In addition, if you establish that the defendant's sale of the defective drywall has caused you damage. Damage may include things such as negative health effects from exposure to the drywall's toxins, money expended to replace the drywall, and potentially costs associated with finding housing during drywall replacement.
]]> If you have faced problems associated with toxic Chinese drywall installed in your home, contact the Berniard Law Firm at 1-866-574-8005 or visit us at our website for help. Our experienced attorneys can help you protect your rights.]]>The Herald Tribune reports the ruling has yielded a quality judgment for the plaintiffs
A couple affected by the drywall - Tatum and Charlene Hernandez of Mandeville, La. - are entitled to $164,000, plus attorneys' fees and court costs.That money includes about $5,400 to pay the Hernandez family for damaged personal property and close to $20,000 to pay for somewhere to live while the repairs are made.
This ruling is progress for the homeowners and provides a roadmap for recovery that begins to approach the problems that the imported wallboard have provided. The article goes further to detail the ruling, stating
U.S. District Court Judge Eldon E. Fallon, who is overseeing the massive combined Chinese drywall litigation in New Orleans, ruled that:A couple affected by the drywall - Tatum and Charlene Hernandez of Mandeville, La. - are entitled to $164,000, plus attorneys' fees and court costs. That money includes about $5,400 to pay the Hernandez family for damaged personal property and close to $20,000 to pay for somewhere to live while the repairs are made.
Their house is to be gutted down to the studs - replacing all drywall.
Ductwork, the entire electrical system, all copper and silver components and the heating-and-cooling system are to be replaced.
All damaged appliances and consumer electronics are to be replaced as well.
Fallon's decision on the Hernandez home, and his earlier findings on a Virginia case, may set a standard that could help thousands of other homeowners, including many in the Sarasota area and elsewhere in Florida.
This ruling seems to make a clear indication that defective property is the key element of this case and provides those affected a variety of assistance. That the ruling goes so far as to cover appliances and electronics means that the judgment covers almost everything that property owners could hope for in the matter.
What does not appear to be clear is the elements of personal damage and the effects the faulty wallboard has had on the health of those living in the homes. The basis of product defects is complicated and can be better understood through our sister blog's section detailing Product defect, located here. In general, product defects deal with three major issues: manufacturing defects, dealing with product imperfection occurring during the manufacturing process; design defects, dealing with product design; failure to warn, or marketing defects, deals with a failure to warn users of product problems or non-obvious dangers.
While Fallon holds a lot of control over the proceedings, the rulings will likely be appealed. What's important is that the trial, to this point, has indicated positive things for those wishing to prosecute the distributors and manufacturers that have brought Chinese drywall into the homes of many. An experienced attorney is essential when dealing with matters such as this and hiring the right one is crucial for getting the judgment you deserve.
]]>Three Senators Fighting to Obtain Mortgage Break for Chinese Drywall Victims
Just recently, three U.S. senators attempted to enter into negotiations with Fannie Mae and Freddie Mac in order to obtain 6 months of mortgage relief to homeowners fighting the damage of Chinese drywall in there homes. One of these senators was Mary Landrieu, a democrat from Louisiana. Landrieu was joined in this effort by Bill Nelson, a Florida senator. The senators state that the 6 month grace period will help "folks struggling to keep their heads above water" . The U.S. Consumer Products Safety Commission has receieved more than 3,000 allegations of toxic Chinese drywall. Just weeks ago, a similar plan was approved by Fannie Mae to help out Virginia home owners.
Louisiana Bill Addresses Victim's Concerns with Home Insurance Cancellations
On April 22, 2010, a proposal for a bill to help victims of Chinese drywall was introduced in the Louisiana Senate. The bill was introduced by Julie Quinn, and would bar home insurers from cancelling, refusing to renew, or increasing premiums or deductibles due to toxic Chinese drywall at a home. Quinn has received dozens of complaints from homeowners who say they are going to lose home insurance because they filed a claim related to the drywall. In addition, some homeowners are suffering added financial burdens from the drywall because they are afraid of reporting it to their insurer. See the full article by clicking here.
Ways to Help Lower Your Mortgage Payments in Response to added Expense of Chinese Drywall Damage
Temporary Interest Rate Reduction
If you don't have the option of waiting for Freddie Mac or Fannie Mae to provide you with mortgage relief, you still have options available to you. A temporary interest rate reduction may help you stay afloat long enough to avoid foreclosure. A temporary interest rate reduction can help individuals who are facinging financial problems that are likely temporary in nature, but who cannot provide full payments for a foreseeable time period. A temporary interest rate reduction can reduce your interest rates to market rate, or some cases, below market rate. Fannie Mae, may be willing to lower the rate to 3% in some instances.
Loan Modification of Securitized Loans & Special Plans
Most mortgage securities are issued by or guaranteed by Ginnie Mae, Fannie Mae, or Freddie Mac. Both Fannie Mae and Freddie Mac's servicing guidelines permit loan modifications.
Treasury Secretary Paulson, along with the mortgage industry, created "Hope Now," a voluntary program that helps consumers who have securitized subprime adjustable rate mortgages to avoid foreclosure by temporarily freezing their interest rate at the initial level. This plan has a clear procedure for processing loan modifications for those people who are up-to-date on their loan payments but are in danger of defaulting after the initial interest rate resets. These homeowners may be given a limited modification under which their interest rate will remain the same for a give period, often 5 years.
Treasury Secretary Paulson also implemented "Project Lifeline" for more dire cases. This program gives eligible participants a 30 day delay in foreclosure proceedings. In order to qualify, you must be at least 90 days late on payment and no more than 30 days from a scheduled foreclosure sale.
Addressing Orleans Parish Homeowner Credit Concerns
If you are deciding what path to take in regards to your toxic drywall problem and are concerned about impacting your credit, this information may help you. While you may not want a foreclosure avoidance plan of any type on your credit, these plans have been shown to be better than having a complete forclosure on your credit history. A foreclosure avoidance plan at least shows that you are attempting to make an effort to repay your mortgage.
The site reports
Travelers Cos. (TRV), the insurer of businesses, homes and cars, said Friday its customers have reported 52 claims tied to faulty drywall manufactured in China.The insurer said it has no direct liability exposure to the companies that made the drywall, and no general liability policies on 37 of the 38 major public residential contractors in the U.S. Both the makers of the drywall and the contractors have faced a flood of lawsuits over the defective product. The 52 claims to date aren't considered significant, Travelers said in a slideshow prepared for a conference call with analysts and investors.
While this might not seem too significant for homeowners, the fact that such a major company is not facing problems means less pressure on the government by those with big pockets on the matter. While one would believe the government would work for the greater interest, the less money being spent to face the issue is better. What's more, this would also imply that less people have been harmed. By this, any less suffering is better.
The complexities in Chinese drywall are numerous and vary widely. As seen in our section dedicated to the matter, a variety of defenses are being utilized by the distributors and manufacturers of the faulty product. It is important for those affected to contact experts in a variety of fields, be it medical or legal, in order to move forward in what is becoming quite a confusing and difficult issue.
Should you see damage to a variety of appliances or problems with the health of any residents in your home, do not wait in contacting specialists in the matter. Our attorneys would happily discuss your rights with you while helping you handle any matters dealing with this issue. Time is of the essence in matters not only dealing with the health of those who might be living in a home with Chinese drywall installed but also because of time limits that exist with litigation.
]]>By dropping those who may have Chinese drywall in their homes, insurance companies limit their liability in a way that mirrors their approach to storm damage and the like. In the wake of Hurricane Katrina, many insurance companies claimed that, instead of wind damage, the damage incurred by homes was the result of flood damage. The problem with this was that far too many homeowners possessed wind coverage but not flood coverage and thus were facing little to no payment from their insurance company. This is the same plight faced by those whose polices have been threatened by their providers in the wake of this drywall matter.
The Associated Press reports
A prohibition against insurance companies dropping coverage for homes or businesses that contain corrosive, Chinese-made drywall advanced Wednesday in the Louisiana Senate.The bill by Sen. Julie Quinn, R-Metairie, would bar property insurers from canceling, refusing to renew, or increasing premiums or deductibles because of Chinese drywall at a property.
People who rebuilt their south Louisiana homes after Hurricane Katrina claim the imported drywall emits sulfur, methane and other chemical compounds that have ruined homes and appliances and harmed residents' health. The contaminated wallboard is costly to replace.
Quinn said she's received dozens of complaints from homeowners who say they will lose their insurance because they filed a claim related to Chinese drywall or who are afraid to report their drywall problems to insurers for fear they will be dropped by the company. She didn't, however, have specific numbers of homeowners who have lost coverage or faced a threat that they will lose coverage.
The acts of government officials to protect homeowners in this matter is important. The cooperation that is going on right now seems to support developments that will help those concerned and affected by the problematic materials that make up their walls and the structure of their homes. The problem with Chinese drywall is it is not only a faulty construction material but also taints appliances, not to mention causing health defects.
Product defect is an intricate issue that requires careful analysis not only for the judges involved but also the attorneys prosecuting the matter. While those affected by the toxic import might feel tying the problems incurred by its use is obvious, the courts have a series of procedures that require careful analysis and expert testimony to successfully win the case.
Should you suspect that you have Chinese drywall in your home, it is important for you to contact a legal expert as soon as you have contacted your builder or contractor to inquire about the materials used. A medical expert may be required as well given the health problems that have been described by those with the faulty wallboard in their home. Contacting an attorney will allow you the freedom to prosecute the matter while getting experts to inspect your residence and find all of the problems that the Chinese drywall may have caused.
For more information on product defects, click here or contact our offices as soon as you can. To read more about Chinese drywall, click here.
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