Insurance Dispute Lawyer Blog

Chinese drywall claims being denied by insurers

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

With all the health symptoms of Chinese drywall exposure and the damage this faulty wallboard has caused to homes and properties, those affected have been quick to look for a solution that can help them return to a life of normalcy. The recent developments, catalogued on this blog here, have shown several different rays of hope might exist for those involved as state and federal government officials have taken on the issue to help those affected. However, a speed bump has developed that seems to be slowing down progress for now.

A spokesperson with the American Insurance Association told BradentonHerald that insurance companies in many states have received claims regarding Chinese drywall damage, but could not say how many. The spokesperson also said most so far have come from states where high humidity is prevalent – such as Florida.

According to one Florida attorney handling drywall cases, insurers are rejecting claims “across the board,” BradentonHerald.com said. However, the lawyer said he still recommends that people with Chinese drywall damages file a claim with their homeowner’s insurance carrier so that the company has notice that the material is in the home.

Timeline for the Cox class action lawsuit

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

On February 10th, 2009, the Berniard Law Firm filed suit against Cox et. al. on behalf of a putative class over, what they allege to be, antitrust violations relating to set-top boxes and Cox’s rental policy of such. A putative class is one in which a collective group of people have all suffered a similar harm or common wrong. On March 4th, Cox (hereafter referred to as Defendant) filed a Notice of Removal to take the matter out of state court and put it into federal court. Less than a week later, Defendant filed a Motion for Extension of Time to Answer, nothing more than a request for an extension to address the matter. This request was granted.

On the 12th of March, The Berniard Law Firm, with attorneys Madro Bandaries and Gregory DiLeo, filed to be entered as Interim Co-Lead Counsel with Madro Bandaries and Gregory DiLeo as interim liaison Co-Counsel. The defense filed a Motion to Stay on March 20th that specifically requested the Court to stop all litigation and wait for the MDL Panel to rule on what venue would be taken. The same day, the defense also filed a Motion to Expedite asking for the court to expedite consideration on this stay to avoid further delays. This request for expediting consideration of the stay was granted three days later.

While the defense has submitted an opposition to the Berniard Law Firm being considered lead counsel, filed on March 23, the Berniard Law Firm has filed with the court their desires to continue litigation of the case on behalf of the plaintiffs. Since then, various motions and responses have been filed regarding oppositions to stay the case. March 26th the Berniard Law Firm filed an opposition to Cox’s motion to stay pretrial proceedings citing the undue hardship suffered by the plaintiffs as they continue to be charged for what we allege to be an unfair service practice.

Upgraded New Orleans storm barrier system to cost $1.8 Billion

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

While the Army Corps of Engineers continues to design, build and implement a storm preparedness system that prevents the type of flooding New Orleans saw after Hurricane Katrina, the price has gone shockingly high. Per an Associated Press article, creating a satisfactory system of floodgates and other water barriers will cost nearly two billion dollars, nearly 15% of the budgeted money the area was given to rebuild.

Top brass at the Army Corps of Engineers say the estimated price of a major project to build three floodgates and a 1.8-mile storm surge barrier to protect New Orleans from hurricanes is now $1.8 billion.

The cost of closing off the Inner Harbor Navigation Canal has risen since the project began last year. The structures being built on the eastern flank of New Orleans are among the most important features in the Army Corps’ plan to defend the city against hurricanes.

Government offers to sell FEMA trailers to storm victims for $1

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

The United States government has decided that those trailers that have not already been recalled from victims of the hurricane may be sold to them to the tune of one dollar. The Associated Press reports

The Federal Emergency Management Agency said Wednesday that it would allow hurricane victims on the Gulf Coast still living in government-supplied trailers to buy their temporary homes for as little as $1.

The government will also provide $50 million to help other trailer residents, whose homes were destroyed by hurricanes Katrina and Rita in 2005, move into rental or public housing.

Chinese drywall symptoms too much for New Orleans residents

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

A recent Times Picayune article profiles the effects the recent Chinese drywall dilemma have caused residents of New Orleans in this time of great stress. Brought in by the millions, the drywall was used steadily in the wake of Katrina with an unknown number of local residents having it installed in their homes. As time progresses, however, more individuals are finding out the toll having this wallboard used is causing them:

Consumers, such as Jennifer Belsom, whose homes are lined with noxious Chinese drywall are angry, helpless and embittered. The tainted drywall has sickened their families and corroded their appliances, yet few sources of help have emerged to help them tear it out of their homes.

Insurance companies have denied their claims. Builders will not return their calls. Their mortgage lenders offer no reprieve if they want to move out of their house to escape the potential health threat. In the absence of a federal disaster declaration, they cannot obtain a rental voucher or a Small Business Administration loan to help with repairs.

New Orleans mayor Ray Nagin quarantined for swine flu exposure

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

In news of the strange, New Orleans mayor Ray Nagin, his wife and an aide are being quarantined in China as a result of swine flu exposure. CNN reports

New Orleans, Louisiana, Mayor Ray Nagin, who traveled to China on an economic development trip, has been quarantined after possible exposure to the H1N1 virus, his office confirmed Sunday.

Nagin flew on a plane that also carried a passenger who is being treated for symptoms suspected to be from the virus, commonly known as swine flu, the mayor’s office said in a statement.

New Orleans hurricane center still not close to open

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

In something that will likely not come as a surprise to residents of New Orleans, a planned command center for emergency operations in the event of a hurricane that was scheduled to be ready last Monday is nowhere near ready.

In pictures provided by WWL, the site looks more like a recent renovation than what is supposed to be the nerve center for communications should a devastating storm return to the city.

WWL’s Scott Satchfield reports

Chinese drywall brings attorneys together in Florida

Published on: June 5, 2009 | By Berniard Law Firm

In an effort to share ideas and strategies on the Chinese drywall issue, lawyers from across the country are meeting in Florida to discuss this matter. Aaron Kessler of the Herald Tribune reports

Attorneys from all sides of the tainted Chinese drywall issue descended Thursday on Orlando for a two-day conference dedicated to the growing problem — now apparently international — and the lawsuits stemming from it.

The conference, sponsored by HarrisMartin Publishing, drew more than 200 attorneys — bringing together everyone from those representing struggling homeowners to builders and insurance companies to drywall manufacturers themselves. High-powered class action lawyers traded jibes with their counterparts on the defense side — some good-hearted, some not so gentle — and all wondered just how the drywall issue would ultimately get resolved.

Prepare for Hurricane Season

Published on: June 5, 2009 | By Berniard Law Firm

This weekend is as good a time as any to prepare your family, home, business and/or property for hurricane season. Our blog has featured various tips on how to be ready in the event of a hurricane and what steps you can take to insure you are on solid footing in the aftermath of a storm.

Simply go to the Storm and Hurricane tips section of this blog to find out more information.

Louisiana legislation opening door for Chinese drywall lawsuits

Published on: June 4, 2009 | By Berniard Law Firm

In a move intended to open the door for home and property owners to use the judicial system to remedy damages incurred by the use of Chinese drywall in their recent constructions or renovations, the Louisiana legislature is opening up the avenues for lawsuits against those who brought the faulty wallboard to the state.

In an article featured by the AP, the state legislature’s efforts are detailed as residents begin to move forward and past this building disaster

Chinese drywall products that some people blame for health problems, unpleasant odors and material damage in homes where it is used is the subject of legislation coming up for debate in the Louisiana Senate.