Insurance Dispute Lawyer Blog
Terrebonne Parish has announced that BP has opened an additional claims office within the parish. Located at 5703 Highway 56 in Chauvin, the office is slated to take claims between 7 a.m. and 7 p.m. any days of the week.
What does a Charter Boat Captain need for a Gulf Oil Spill Claim?
There is an availability of funds under the Oil Pollution Act (OPA) and the Oil Spill Liability Trust Fund (OSLTF) for Louisiana residents who have suffered property damage because of the crude oil washing ashore. Oil damage to boats is treated differently from other forms of personal property damage under the guidelines of the OPA. As required by the Oil Pollution Act of 1990, certain information must be provided to the responsible party to submit an oil spill loss claim. Just one example includes a provision that boat captains from Plaquemines, Jefferson, St. Bernard and Terrebonne Parish will need to present the following information to BP and other responsible parties will filing their oil spill claims.
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;
What Do Deckhands Need to Do to Make an Oil Spill Claim?
Deckhands are just one of the many affected employment groups that are facing hardship as a result of the BP oil leak. The Oil Pollution Act of 1990 (OPA) (33 U.S.C. 2701 et. seq.) is the law that established the Oil Spill Liability Trust Fund and covers incidences such as the current Gulf of Mexico Oil Spill. Deckhands from Lafourche, Jefferson, St. Bernard, and Plaquemines Parish and all of the effected areas should take note of the following information which will be required when presented an oil spill claim to the responsible parties.
First, every claimant, no matter their employment category, needs to provide the following to the claims center:
1. Photo Identification
Louisiana BP Oil-Spill Claim Centers
Before filing a claim, individuals looking for relief due to oil leak damages (both to their property and for lost wages) must call 1-800-440-0858. After reporting their claim to that number and following the directions therein, individuals may then go to a Oil-Spill Claim Center for assistance in receiving compensation. For those looking to make an oil spill claim against BP for the April 20th explosion of the Deepwater Horizon, here is the contact and filing locales in Jefferson Parish:
Grand Isle Community Center, 3811 Louisiana 1, Grand Isle Jean Lafitte Town Hall, 2607 Jean Lafitte Blvd., Jean Lafitte
What Do Commercial Fishermen Boat Owners need for an Oil Spill Claim?
In the wake of the BP oil spill that has sent the Gulf Coast into a state of panic, a variety of individuals that derive their livelihood from waterways that may soon be immersed in crude are becoming concerned with how they will continue to stay afloat financially. There is, however, a means in which claims may be made to compensate those who have been affected by the disaster. Oil Spill Losses must be made within three years after the date on which the damage and its connection with the spill was reasonably discoverable with the exercise of due care. This may seem to be an easy process but great care must be taken when submitting the claim in order to prevent a dismissal based solely upon it being improperly filed.
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
Attorney Jeffrey Berniard Tours Damon Bankston Ship at Port Fourchon
On Friday afternoon, Jeffrey P. Berniard of the New Orleans-based Berniard Law Firm, LLC, conducted an on-deck inspection of the 263-foot cargo ship, Damon Bankston, which is leased by BP. The ship was used to return some of the rescued crewmembers of the Deepwater Horizon oil rig to BP’s Fourchon Dock Facility after the rig exploded and sank into the Gulf. Seventeen rig workers were injured in the explosion, and eleven workers remain missing and are presumed dead. Mr. Berniard participated in the viewing because he represents numerous plaintiffs who have been affected by the incident. The inspection occurred prior to the ship being cleaned and returned to service in support of ongoing efforts to contain the oil spill. The catastrophe has resulted in the release of more than 200,000 gallons of oil into the Gulf each day since April 20.
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.
Shreveport Homeowners with Chinese Drywall Have Options for Collecting Judgments
Toxic chinese drywall that was installed in many Louisiana homes has been discovered to emit sulfur, methane, and other toxins. The drywall is thought to be responsible for homeowner’s health problems and a variety of damage to household appliances. Just recently, a federal judge in New Orleans awarded several homeowners $2.6 million against Chinese drywall manufacturer Taishan Gypsum Co. However, collecting this judgment may prove difficult. If you considering litigation as an option to obtaining the money you need to repair the damage Chinese drywall has caused your home, you are not alone.
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.
Homeowners Win Chinese Drywall Lawsuit
In a sign of progress for those homeowners who have found themselves buried under the burden of defective Chinese drywall installed in their home, recent court rulings have shown a lot of hope. The federal judge in charge of consolidating and creating a general premise for rulings involving the faulty imported wallboard, Judge Eldon Fallon, has found in favor of homeowners in a variety of locales. This is a marked improvement of where those who own affected property found themselves for the past years that the faulty material has been a problem and demonstrates that hope may be around the corner.
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.
Financial Assistance Emerges in Chinese Drywall Disaster
Toxic Chinese drywall that was installed in many Orleans Parish homes has been discovered to emit sulfur, methane, and other toxins. The drywall is thought to be responsible for homeowner’s health problems and damage to household appliances. If you have been forced from your home due to toxic Chinese drywall and are now suffering to repair the damage while balancing your mortgage costs and rent payments, you are not alone.
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.
Travelers Insurance Shows Limited Exposure to Chinese Drywall, Others Not So Lucky
In a sign that indicates positive news for those looking to the stock market in the wake of the Chinese drywall problem, Travelers Insurance has shown limited exposure to the faulty import market. According to the Nasdaq news line, the company has only seen a little over 50 claims tied to the toxic wallboard.
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.