Insurance Dispute Lawyer Blog

Timeline emerges for Dow Chemical leak in Hahnville

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

This morning’s Times-Picayune released a highly important timeline for the Dow chemical leak on July 7th in Hahnville, as well as provides insight into just how inattentive Dow may have been to the matter at the point of the leak and hours after. The article reports

The EOC’s telephone log from the early hours of that morning shows parish personnel wrestling with the decision of whether and where to close off River Road in Hahnville as Dow employees attempted to dampen the fumes.

The parish got the first indication that something was amiss at 3:57 a.m., when an employee at the Shell Chemical plant in Norco, across the Mississippi River, called the EOC and said he smelled an acrylic odor, but that no alarms had sounded at his plant.

Company advertising Chinese drywall gas ‘solution’

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

A company located in Canada has connected with a Florida testing facility and has claimed to build a machine that reportedly reduced the dangerous gas levels emitted by Chinese drywall by “up to 85 percent.”

According to Canada.com, a carbon filter unit has been constructed that limits hydrogen sulfide levels in homes built with faulty Chinese drywall. Allen Air president Sam Teitelbaum states “We developed a carbon filter unit specifically to reduce the hydrogen sulfide (that has been found to leach from the drywall… In a 24-hour test, there was an 85-per-cent reduction.”

The article further details the matter involving Chinese drywall and the path being taken to combat it:

State Farm looking to raise prices in Texas

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

State Farm is looking to raise the rates of homeowners insurance in the state of Texas, appealing to the Department of Insurance for an increase up to 8.5%. The Lufkin Daily News reports

Insurance giant State Farm Lloyds filed with the Texas Department of Insurance on July 15 to increase its homeowners’ insurance rates in Texas by an average of 8.5 percent starting on Oct. 1 for existing customers upon renewal and Sept. 1 for new customers. Angelina County’s increase is below the state average at 5.7 percent. State Farm noted that 350,000 of its 1.2 million customers will see no change or a decrease in their rates as a result of the filing.

“We’ve seen major insurance carriers Allstate and Farmers raise their rates and now State Farm is completing the rate hike trifecta,” said N. Alex Winslow, executive director of Texas Watch, a consumer rights group based in Austin.

Chinese drywall homes may qualify for IRS tax breaks

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

Quick blurb on an article The Herald Tribune did on possible tax benefits for those who suffered as a result of Chinese drywall installed in their homes

The Internal Revenue Service says that victims of Chinese drywall might qualify for a casualty loss on their taxes because of the corrosion on pipes, air-conditioning and electrical appliances caused by gases released from the materials.

Section 165 of the IRS Code allows a casualty loss deduction in some circumstances, wrote George J. Blaine, the IRS’s associate chief counsel, in response to a letter from three U.S. senators, including Florida Democrat Bill Nelson, and a Virginia congressman.

Dow chemical leak smell may return in coming days

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

Dow-Hahnville’s chemical leak may be a returning reality for residents of Southeast Louisiana with bad weather looming. As the 10-day forecast shows thunderstorms in the New Orleans area’s future, area officials are warning the smell associated with last Tuesday’s chemical leak by the Dow company may return. Per the Times-Picayune,

Stormy weather passing through St. Charles Parish may increase odors from the Dow Chemical ethyl acrylate tank, parish officials said in an recent e-mail alert to residents.

Dow is taking continuing actions to suppress these odors, but residents should call the parish Emergency Operations Center at 985.783.5050 to report an odor.

Louisiana enacts laws helping medical care in the event of crisis

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

Just a quick news blurb regarding Louisiana’s positive choice to enact law Tuesday permitting emergency efforts to not be hampered by certification requirements in the event of a disaster. The new law will permit doctors and other medical workers to come from all across the nation to help in the event facilities are understaffed or overtaxed after such an event as a hurricane, etc. The Times-Picayune has more

With Gov. Bobby Jindal’s signature, Louisiana has become the 10th state to enact a law that makes it easier for medical workers to cross state lines to provide help after a disaster.

The Uniform Emergency Volunteer Health Practitioners Act provides interstate recognition of licenses held by medical professionals who volunteer during emergencies, helping to ensure more organized and available medical support, advocates say.

Breaking News: Dow’s Hahnville plant leaked twice before

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

The Times-Picayune breaks the following, which details that Dow’s Hahnville leak a week ago was not only a surprise incident to the company but, instead, one of a series of leaks that very well may have been avoided. In an article posted on NOLA.com, the Times-Picayune writes

An environmental watchdog group says foul-smelling ethyl acrylate fumes escaped from Dow Chemical’s Hahnville plant twice before the July 7 release that sent the odor over much of the New Orleans area.

The Louisiana Bucket Brigade will hold a news conference at 9 a.m. to discuss its findings that fumes from the plant have escaped three times since October including last week’s event.

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.