Insurance Dispute Lawyer Blog

Chinese drywall tests indicate the obvious: toxic materials apparent

Published on: May 29, 2009 | By Berniard Law Firm

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.

Acting chair steps down over Chinese Drywall gaffe

Published on: May 28, 2009 | By Berniard Law Firm

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.

Louisiana moving forward in insurance legislation

Published on: May 21, 2009 | By Berniard Law Firm

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.

Legislation to block import of faulty building material

Published on: May 20, 2009 | By Berniard Law Firm

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.”

U.S. Government Confirms What We Know: Chinese Drywall Unhealthy

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

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.

Gulf Coast Hurricanes serving as a lesson for states nationwide

Published on: May 15, 2009 | By Berniard Law Firm

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.

NOAA retires deadly hurricane names

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

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.

Berniard Law Firm files class action against Cox cable

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

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.

Doctor advises to leave home with Chinese drywall

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

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.

Chinese drywall investigation progressing

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

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.”