Insurance Dispute Lawyer Blog

National Flood Insurance Program to be extended

Published on: July 14, 2009 | By Berniard Law Firm

As the National Flood Insurance Program is set to expire in the middle of hurricane season, several legislators have taken measures to extend its coverage into March of next year in order to circumvent the impending end of the program.

House Financial Services Housing Subcommittee Chairwoman Rep. Maxine Waters (D-CA) and Committee Chairman Rep. Barney Frank (D-MA) have introduced new legislation to authorize the National Flood Insurance Program (NFIP) through March 31, 2010. The current program is due to expire at the end of September 2009 unless Congress acts to extend it.

In addition, Reps. Waters and Frank announced their intention to draft a new bi-partisan measure to reform the NFIP. The updated legislation would incorporate important NFIP reforms previously approved by the House in 2007 and consider new studies and information not available when the Committee last reviewed the NFIP. Frank and Waters also plan to engage the Obama Administration and FEMA officials, and they invite recommendations for the reform legislation from all interested parties.

Lennar acknowledges Chinese drywall problem, sets money aside for repair

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

In promising developments for the Chinese drywall issue, Lennar Corp., which has had numerous complaints filed against it for the faulty wallboard it had been using in construction efforts, has made steps to fix the problem for its customers. Setting aside money while confirming complaints allows progress to be made. The Wall Street Journal reports

Lennar Corp. has identified about 400 homes in Florida that have confirmed problems with defective Chinese drywall and has set aside $39.8 million to repair the homes, the Miami-based home builder said in a securities filing Friday.

The figures are as of May 31, Lennar said.

Dow plant leaks for second time in Hahnville

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

Buried under the news of Dow’s chemical leak and cleanup and more people being hospitalized for demonstrating symptoms of exposure to ethyl acrylate, WDSU reports MORE chemical vapors were released during cleanup. Pockets of the ethyl acrylate were again released, adding to the existing smell blanketing parts of St. Charles Parish. In their report on the cleanup taking place at the Dow-Hahnville plant, WDSU mentions

Workers at the plant have been trying since Tuesday to neutralize the chemical and move it to sealed containers. It was during that process that more was released.

“This morning what happened is some of these small amounts of EA that are let out that did not neutralize became exposed to the environment,” said Rodney Mallet, of the Department of Environmental Quality.

Dow drains Hahnville chemical leak-causing tank

Published on: July 11, 2009 | By Berniard Law Firm

In further developments regarding the Hahnville chemical leak by Dow Chemical, the tank responsible for releasing unknown amounts of hazardous chemicals into the air has been drained by the company. The Times-Picayune’s article on the issue has two interesting points worth noting:

“One drop of [ethyl acrylate] would send everybody running from this room,” company spokesman Tommy Faucheux told reporters at a news conference Thursday.

This point is odd because just as Dow keeps insisting no major damage has occurred, their spokesman speaks candidly on just how offensive and harmful the chemical could be in the form of a mere drop.

Dow’s Hahnville chemical leak’s odor could linger

Published on: July 10, 2009 | By Berniard Law Firm

Dow has now begun publicly discussing the chemical leak that occurred Tuesday and caused a number of physical ailments throughout the Southeast Louisiana and Metro New Orleans area. In an article by the Times-Picayune, the company takes measures to do damage control and downplay the harm and danger caused by this avoidable incident

Dow Chemical plant spokesman Tommy Faucheux said that “minute pockets” of ethyl acrylate left in a storage tank continue to react and send bursts of the pungent odor into the air in St. Charles Parish.

“It could be days before the air clears completely, he said during a press conference on Thursday at the parish courthouse in Hahnville.

Miami Herald outlines Chinese drywall difficulties

Published on: July 10, 2009 | By Berniard Law Firm

The Chinese drywall issue has surely frustrated many in the Gulf Coast region. With rotten egg, sulfuric smells filling many newly built or renovated homes, homeowners are forced to flee or put up with a very problematic issue that no person should have to handle. The lawsuits regarding this issue have been both understandable and uphill as just who is responsible has been a difficult matter. While trying to stay optimistic, the Miami Herald recently outlined the difficulties in which plaintiffs and their clients face trying to pursue damages from overseas manufacturers for their faulty products.

Chinese manufacturers made more than half of the goods that the U.S. Consumer Product Safety Commission recalled last year, but few of them paid any price for producing defective wares.

The long list of faulty products included Chinese-made highchairs whose seat backs failed, steam cleaners that burned their users, bikes whose front-wheel forks broke, saunas that overheated, illuminated exit signs that stopped working when commercial power failed, dune buggies whose seat belts broke on impact and coffee makers that overheated and started fires.

Berniard Law Firm responds to Hahnville leak

Published on: July 9, 2009 | By Berniard Law Firm

In response to the recent chemical leak in Hahnville, Louisiana, by Dow Chemical, the Berniard Law Firm has filed a Class Action complaint on behalf of residents of Southeast Louisiana affected by the leak of dangerous chemicals that occurred on July 7th.

Representing all individuals affected physically, be it through headache, dizziness, nausea, burning of the eyes or other ailments, the class action looks to require Dow to take responsibility for the release of ethyl acrylate into the air from its St. Charles Parish plant. The actions the plant has taken in addressing the public’s risk to harm and the closing of River Road in parts demonstrates that an active and dangerous agent was released by Dow and the company bears responsibility for the harms this leak has caused.

According to the Occupational Safety and Health Administration, ethyl acrylate is a strong irritant of the eyes, skin, mucous membranes, respiratory system and gastrointestinal tract in humans. As there is no way of knowing the level of ethyl acrylate Dow has exposed the Greater New Orleans area to on the morning of July 7th, action was necessary so as to demand accountability.

Dow Chemical leak in Hahnville, Louisiana

Published on: July 8, 2009 | By Berniard Law Firm

The Dow Chemical Plant in Hahnville experienced a chemical spill on Tuesday, leading residents of Southeast Louisiana to experience a myriad of physical ailments while nearby residents were forced from their homes.

Per a NOLA.com article, the spill/leak involved ethyl acrylate, “a chemical used in the manufacture of a wide variety of household and cleaning products.” The leak led to a horrific smell that carried all the way into the downtown/metro area as winds and storms carried across the state. According to reports, the plant was notified of the leak around 6 a.m. Tuesday morning and employees and cleanup crews worked through the night to control the matter. However, nearby residents are still unable to return to their homes.

The article further profiles concerns relating to the leak

New Orleans resumes first international flights since Katrina

Published on: July 7, 2009 | By Berniard Law Firm

In the wake of Hurricane Katrina, hundreds of services and plans were either indefinitely delayed or removed altogether as the city worked to rebuild and reestablish. One of those discontinued normalcies of New Orleans life included international flight service from Louis Armstrong International Airport. That changes today.

In an article written by the Associated Press, the service provides a pleasant story to remind Gulf Coast residents that New Orleans continues to bring back some of its pre-Katrina traits details how flights from MSY to Mexico are returning. Starting today, AeroMexico’s will be establishing a route to Mexico City.

The AP reports

Interesting article on Chinese Drywall

Published on: July 6, 2009 | By Berniard Law Firm

The NOLA.com recently ran a synopsis on Chinese Drywall and the various developments that have come from this very complicated issue, including discussion of a conference held in New Orleans on the issue.

A summary

Amid the welter of questions about tainted Chinese drywall, from the exact source of the product’s defect to how to address it, one thing is clear: the litigation the drywall has spawned is going to be complex, expensive and time-consuming.