Insurance Dispute Lawyer Blog

Chinese drywall meeting with State Senator Quinn tomorrow

Published on: December 1, 2009 | By Berniard Law Firm

Just a reminder that Louisiana Senator Julie Quinn’s committee meeting in regards to Chinese drywall and insurance companies is scheduled for tomorrow. Senator Quinn is hosting the meeting to discuss the issue of Chinese drywall in Louisiana and the insurance implications. The meeting will be attended by Insurance Commissioner Jim Donelon and representatives of various insurance companies and is an opportunity for those with Chinese drywall in their homes to explain their situations to those involved in the decision making process.

Details are as follows

LOUISIANA STATE SENATE INSURANCE COMMITTEE MEETING DECEMBER 2, 2009

A Happy Thanksgiving from the Berniard Law Firm

Published on: November 25, 2009 | By Berniard Law Firm

The Berniard Law Firm would like to wish everyone in the Gulf Coast and beyond a happy and pleasant Thanksgiving holiday.

The blog will resume posting on Monday, November 30th.

News In Short: WSJ commends Duval ruling, encourages gov’t to settle with Katrina flood victims

Published on: November 24, 2009 | By Berniard Law Firm

The Wall Street Journal, in its editorial section yesterday, commended Judge Duval for finding the Army Corps of Engineers at fault for the flooding of areas of New Orleans. The editorial, entitled ‘A win for New Orleans,’ celebrates the win as an opportunity for those whose homes flooded to receiving financial settlements to make up for the inability of the Corps to develop and operate adequate water projects.

The lawsuit was brought by seven plaintiffs. Judge Duval ruled against the plaintiffs from New Orleans East but awarded $720,000 to those from St. Bernard and the Lower Ninth.

The judge’s decision could lead to thousands of people joining class actions seeking billions of dollars in damages. Lawyers for the plaintiffs are calling on the federal government to offer a universal settlement with the people of New Orleans. The Obama administration and members of Congress should listen. While there are limits on how much people should expect — the government is strapped for cash, after all — it’s difficult to see what purpose would be served by dragging this case through appeals all the way up to the Supreme Court. Unless the government has a persuasive defense for the negligence decried by Judge Duval, it would be better to settle now.

Government Chinese drywall draws link between wallboard and corrosion

Published on: November 23, 2009 | By Berniard Law Firm

The Consumer Product Safety Commission today strengthened the case against Chinese drywall makers by releasing three preliminary reports that links the imported wallboard to corrosion and irritating levels of chemicals. The reports, issued by the government ahead of a formal decision by the government on the matter, brings scientific proof to what plaintiff attorneys and homeowners have alleged for months: Chinese drywall is causing health problems and home damage where it has been installed since 2004.

CNN reports

The suspected link between Chinese drywall and toxic effects reported by thousands of U.S. homeowners was strengthened Monday by three preliminary reports issued by the federal government.

Governor Jindal responds to federal ruling on Army Corps of Engineers failure

Published on: November 19, 2009 | By Berniard Law Firm

Governor Bobby Jindal has responded to U.S. District Judge Stanwood Duval Jr.’s ruling that the flooding of areas within New Orleans was the direct fault of the Army Corps of Engineers inability to develop and execute proper water resource projects within Louisiana. The press release, posted below, condemns the Corps for their failure and is a strongly worded encouragement of the Corps to rectify and improve its efforts in the near future.

The Office of the Governor states

Baton Rouge: Governor Bobby Jindal issued the following statement regarding the ruling by U.S. District Judge Stanwood Duval Jr. that the Army Corps of Engineers’ was directly responsible for flood damage to portions of the New Orleans region following Hurricane Katrina because of their failure to properly operate and maintain water resources projects in Louisiana:

Make sure to drive safely this winter in the Gulf Coast

Published on: November 18, 2009 | By Berniard Law Firm

While the Gulf Coast rarely sees snow in the winter months, safe driving is crucial as precipitation arrives in the form of rain and sleet. Though these tips are offered by the Iowa Department of Transportation, they still remain absolutely relevant given the ability of cold weather to cause unsafe driving conditions despite a lack of snow or hail.

Do not overestimate your ability in bad driving conditions.

Slow down. Wear seat belts. Never drink and drive.

Next few months crucial in Chinese drywall matters

Published on: November 17, 2009 | By Berniard Law Firm

The Bradenton Herald had an interesting piece that really clarifies how big the next few months are for those involved in Chinese drywall. Whether it’s the escalation of pre-trial matters in the federal litigation involving the toxic wallboard or foreign diplomacy, things are shaping up quickly.

The Herald reports

Within the next few weeks, officials expect to determine how much of a fire hazard, if any, the contaminated product poses. They’ll also have a better idea of how much the drywall contaminates the air inside affected homes. A federal judge is expected to decide which of the several hundred lawsuits that have been filed over the product will be the first to go to trial.

Caution advised with ‘cheap’ home testing for Chinese drywall

Published on: November 16, 2009 | By Berniard Law Firm

With the disaster that Chinese drywall has become in the Gulf Coast and in other places across the country, homeowners are scrambling to find out if they have been afflicted with the toxic wallboard. With such urgency and panic, many have pursued cheaper manners of testing to avoid being buried underneath further bills. While remedies have been advertised that have since been found to be questionable solutions at best, the industry keeps churning out alternatives to true home detection services by professionals.

The St Petersburg Times reports on one possible scanner that shows promise but remains unregulated

A possible, less expensive testing solution may be on the horizon. New businesses are offering a noninvasive scan of homes throughout Tampa Bay and across the state for $500, using a handheld tool that can help identify the corrosive gases emitted by Chinese drywall.

Legislator calls for Chinese drywall meeting regarding insurers

Published on: November 13, 2009 | By Berniard Law Firm

Hoping to increase the awareness of officials as well as the public in regards to Chinese drywall, Louisiana State Senator Julie Quinn is hosting a panel meeting to discuss the issue of Chinese drywall in Louisiana. The effort, which will be intended by Quinn as well as Insurance Commissioner Jim Donelon and representatives of various insurance companies, is being held to allow citizens to explain their plights to those involved in the decision making process.

Details are as follows

LOUISIANA STATE SENATE INSURANCE COMMITTEE MEETING DECEMBER 2, 2009

Insurers begin canceling policies of homeowners with Chinese drywall

Published on: November 12, 2009 | By Berniard Law Firm

Very unsettling news emerged early this week that insurers within Louisiana were canceling policies of those homeowners with Chinese drywall. While this had been hinted at in Florida, some insurers eventually backed down. This does not seem to be the case in Louisiana, though. The Times-Picayune reports

In August, Tamara Thomas filed a claim with her homeowners insurance company after discovering that her air conditioning and other appliances had failed because her three-year-old home was filled with defective drywall made in China.

But before the Hanover Insurance Group even denied the claim, as most insurers have been doing with claims for Chinese drywall damage, it canceled her policy, effective Nov. 19.