Insurance Dispute Lawyer Blog

The Neighbor’s Shed and the Possible Ramifications of “Letting it Go”

Published on: February 26, 2010 | By Berniard Law Firm

Many citizens of Louisiana often face difficult circumstances with their neighbors. Not just the noise or random annoyances but, instead, sheds, plants, trees or other property going across the lot and into their own property.

While a shed that is 2″ too wide is often ignored by the average person, there are very real consequences of allowing this to go on.

Common law dictates that an infringing structure or item, left unchecked, can create new property rights that take away from the individual who has calmly allowed what may be a harmless mistake. Encroachment of a shed or addition to a house can expand the property of the owner of said structure to the detriment of an unassuming neighbor.

Knauf Chinese drywall solution rejected by courts as decision looms

Published on: February 19, 2010 | By Berniard Law Firm

The ongoing court battle over Chinese drywall rages on as the first lawsuit over the tainted wallboard will be starting soon. Just today, however, Judge Fallon dealt a blow to manufacturer Knauf’s plan to provide air conditioning devices to fix the matter. Doing so means that a quick decision may come over the matter that will have widespread ramifications.

The Virginian-Pilot reports

A federal judge in New Orleans presiding over a lawsuit on local homes built with tainted Chinese-made drywall has ruled against a plan by a manufacturer to use retrofitted air conditioners as a way to help fix the homes.

News In Short: Jefferson Parish waiving fees for Chinese drywall homeowners

Published on: January 29, 2010 | By Berniard Law Firm

A positive note for New Orleans residents with Chinese drywall hoping to develop and rebuild in the wake of the toxic wallboard installed in their homes: local officials continue to reduce the financial burden of recovery. Local officials in Jefferson Parish are doing just this, per New Orleans’ WVUE:

Jefferson Parish is waiving fees for inspections and permits property owners need related to problems with defective Chinese drywall. Permits are still needed for the replacement of drywall, but the permits and inspections won’t cost homeowners anything as they work to fix their homes.

Many area homeowners have run into problems associated with some tainted Chinese drywall. It’s been blamed for damage to electrical wiring, heating and air conditioning units and more.

Chinese drywall victims pushing for federal relief on matter

Published on: January 28, 2010 | By Berniard Law Firm

Fort Myers’ NBC 2 reports on the ongoing plight facing Chinese drywall and the reemerging efforts to push for federal assistance in handling the matter. Submitting hand-written petitions to the governor, families are hoping the governor is able to help handle the situation and fill up the gaps that still exist. With a town hall meeting on Saturday at the Lee Commission Chambers in Fort Myers, Florida, many people are still pushing for answers to the problems facing those who unfortunately have Chinese drywall in their homes.

As a “town hall” meeting discussing Chinese drywall approaches this weekend, affected homeowners say they’re tired of politicians passing the buck on the issue. We spoke with victims and pushed for answers from lawmakers on where and when the help will come.

They’ve hosted top federal officials, even testified on Capitol Hill. But 27 months into their plight, Chinese drywall victims Patti and Richard Kampf say they still don’t have the answers or help they need.

Burglars robbing evacuated Chinese drywall homes

Published on: January 22, 2010 | By Berniard Law Firm

A heads-up to those who have left their Chinese drywall riddled homes behind because of growing health concerns: make sure security is used. Areas around the country have been facing burglaries in homes left vacant by homeowners after they discovered the faulty wallboard was installed in their homes.

The Fort Myers News-Press reports

Lee Ferguson told Cape Coral police Wednesday that he had to move out of his house on Northeast Juanita Place because of problems with Chinese drywall.

News In Short: Louisiana Attorney General files suit over Chinese Drywall

Published on: January 13, 2010 | By Berniard Law Firm

News coming out of Louisiana shows that Attorney General James Caldwell has filed suit in Louisiana court on behalf of government infrastructures looking to collect money lost helping residents remove and replace Chinese drywall. The move is a positive indication that funding will likely continue to be provided and that the state government is taking initiative to help Louisiana residents move forward from this calamity.

The Associated Press reports

Louisiana’s attorney general is seeking compensation for a flood of Chinese drywall imported after Hurricane Katrina that has been linked to corrosion in homes.

Broward/Palm Beach News features extensive Chinese drywall piece

Published on: January 8, 2010 | By Berniard Law Firm

Discussing the extensive backstory and saga that has unfolded since millions of pounds of Chinese drywall were imported and used in the building and repair of homes in the United States, the Broward/Palm Beach News published an excellent piece that describes how the faulty wallboard has caused problems for thousands of homeowners.

The article notes

Before ’04, Chinese businesses like Knauf Tianjin had rarely exported drywall to the States. But then a housing bubble inflated the demand of homes and depleted construction supplies. In South Florida, dozens of new condo towers sprouted along every stretch of beach and bay front, and hundreds of new golf-course-centered suburbs sprouted from Florida City to Jupiter.

Trust sues insurers over Chinese drywall coverage

Published on: January 7, 2010 | By Berniard Law Firm

Filed in late December of 2009, a trust representing a homebuilder that used Chinese drywall in its construction efforts has sued insurers for coverage of homeowners with the faulty wallboard. The company, WCI communities, is looking for financial assistance with the rebuilding effort necessary for those whose homes contain the toxic material. The Bloomberg News reports

A trust for WCI Communities Inc., the Florida homebuilder that emerged from bankruptcy last year, sued 14 insurers to enforce more than $200 million of coverage for settlements over houses with defective Chinese drywall.

Insurers including units of American International Group Inc. and Zurich Financial Services AG must help repay more than 700 WCI customers whose homes were built with defective drywall from China between 2006 and 2008, Robert Horkovich, the trust’s lawyer, said today in a phone interview.

2009: Berniard Law Firm files class action against cable giants

Published on: January 6, 2010 | By Berniard Law Firm

In an effort to bring fairness and acceptable billing practices to Louisiana and beyond, the Berniard Law Firm actively worked in the interest of resident cable subscribers against two cable giants in 2009. Filing in federal court, our firm, in conjunction with attorneys of several other Louisiana firms, took aim at the tying of cable boxes to the use of premium services provided by the cable companies. Because these cable boxes were only available through rental from the cable companies themselves, subscribers were forced to pay twice for what should be limited to the service itself. Facing either unnecessary rental charges or miss out on various channels and opportunities they were already paying for, cable subscribers quickly signed as clients of our firm and took aim through a class action against these companies.

For more information on how to join these class actions against Cox and Charter cable, check out our websites:

http://www.chartercableclassaction.com/

Freeze Warning issued for New Orleans residents

Published on: January 5, 2010 | By Berniard Law Firm

The New Orleans area has been dealing with a cold streak that, according to the National Weather Service, may actually get worse. The NWS in Slidell has issued a warning of extreme cold temperatures in the area from Thursday to Sunday morning. This will mean many residents and citizens in the area and around it will experience a chill to an extreme that rarely is felt.

While some areas of Louisiana and Mississippi may see snow, moisture is not as much of a concern as the chill that follows. Per the NWS report

ALL OF THE MOISTURE WILL MOVE OUT OF THE AREA BY THURSDAY EVENING AND THEN THE GREATER ISSUE ARRIVES…VERY COLD TEMPERATURES. AN