Archive for March, 2010

Exclusions Used to Deny Chinese Drywall Damage Claim Don’t Apply, Louisiana Judge Rules

March 30th, 2010

A Louisiana judge has ruled against an attempt by Audubon Insurance Co. to use certain policy exclusions to deny a Chinese drywall claim. The insurer, a subsidiary of American Insurance Group, had cited three exclusions in its denial of the claim: a pollution exclusion; a gradual or sudden loss exclusion; and faulty, inadequate or defective planning exclusion.

The case was brought by Simon and Rebecca Finger in Orleans Parish Civil District Court. In granting the plaintiffs’ motion, Judge Lloyd Medley ruled that the gradual or sudden loss does not apply because the damage — in this case rust or other corrosion — “is the loss, not the cause of the loss.” As to the faulty, inadequate or defective planning exclusion, the judge said Audubon provided no clear definition of the such an exclusion. » More: Exclusions Used to Deny Chinese Drywall Damage Claim Don’t Apply, Louisiana Judge Rules

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Proposed Florida Law Would Sell Out Chinese Drywall Victims for the Sake of Special Interests

March 26th, 2010

Chinese drywall legislation currently under consideration in the Florida Senate and House of Representatives, and heavily promoted by the building industry, has Chinese drywall victims worried. The proposed legislation, which the legislators have attempted to disguise as a means to provide relief to homeowners, would actually leave the homeowners with no legal recourse if they agree to allow a builder to remediate their home.

Critics of the proposed legislation contend that lawmakers who vote for this legislation would be putting the interests of their corporate donors ahead of their constituents whose homes and lives have been shattered by toxic Chinese drywall. Chinese drywall homeowners in the State of Florida, and other voters concerned with this anti-consumer legislation, are being urged to take action to make sure this corporate-sponsored legislation does not become law. » More: Proposed Florida Law Would Sell Out Chinese Drywall Victims for the Sake of Special Interests

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Closing Arguments Made in Chinese Drywall Trial

March 22nd, 2010

Closing arguments were heard Friday in an important Chinese drywall trial underway in federal court in New Orleans. It will now be up to U.S. District Judge Eldon Fallon to determine how much a Chinese drywall manufacturer should have to pay to remediate the home of a Mandeville, Louisiana family that was built with 180 pieces of Chinese drywall.

More than 2,000 families have claims pending in the Chinese drywall multidistrict litigation before Judge Fallon. Since late 2008, the Consumer Products Safety Commission (CPSC) has received about 3,000 reports from residents in 37 states, the District of Columbia, and Puerto Rico regarding defective Chinese drywall. » More: Closing Arguments Made in Chinese Drywall Trial

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Lawmakers Seek Chinese Drywall Fire Hazard Declaration

March 19th, 2010

Several lawmakers have asked the federal government to declare Chinese drywall a fire hazard. In separate letters to U.S. Fire Administrator Kevin Cochran, U.S. Congressman Charlie Melancon and Senator Mary Landrieu, both Louisiana Democrats, noted that the corrosion of electrical wiring caused by Chinese drywall fumes poses such a hazard. Landrieu’s letter was signed by five other Senators.

Since late 2008, the Consumer Products Safety Commission (CPSC) has received about 3,000 reports from residents in 37 states, the District of Columbia, and Puerto Rico regarding defective Chinese drywall. Gases emitted from Chinese drywall are being blamed for significant property damage, including damage to HVAC systems, smoke detectors, electrical wiring, metal plumbing components, and other household appliances. These gases also produce a sulfurous odor that permeates homes, and cause metals, including air conditioning coils and even jewelry, to corrode. People living with Chinese drywall have also suffered eye, respiratory and sinus problems that may be linked to the gases. » More: Lawmakers Seek Chinese Drywall Fire Hazard Declaration

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Judge Hears Opening Statements in Chinese Drywall Test Case

March 18th, 2010

Chinese drywall has made the dream of home ownership a nightmare for one Louisiana family. That’s what the judge overseeing the first contested Chinese drywall trial in a New Orleans federal court was told yesterday during opening statements by the plaintiffs’ attorney. The case is intended as a bellwether, or test trail, to help determine property damage issues in other cases against manufacturers.

More than 2,000 families have claims pending in the Chinese drywall multidistrict litigation before U.S. District Judge Eldon Fallon. Since late 2008, the Consumer Products Safety Commission (CPSC) has received about 3,000 reports from residents in 37 states, the District of Columbia, and Puerto Rico regarding defective Chinese drywall. Gases emitted from Chinese drywall are being blamed for significant property damage, including damage to HVAC systems, smoke detectors, electrical wiring, metal plumbing components, and other household appliances. These gases also produce a sulfurous odor that permeates homes, and cause metals, including air conditioning coils and even jewelry, to corrode. People living with Chinese drywall have also suffered eye, respiratory and sinus problems that may be linked to the gases. » More: Judge Hears Opening Statements in Chinese Drywall Test Case

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FEMA Rejects Florida’s Request for Chinese Drywall Help

March 17th, 2010

Federal emergency officials have rejected Florida’s request for aid for the victims of defective Chinese drywall. According to HeraldTribune.com, the Federal Emergency Management Agency (FEMA) have determined that the Chinese drywall crisis “does not constitute an emergency or major disaster incident.”

Since late 2008, the Consumer Products Safety Commission (CPSC) has received about 3,000 reports from residents in 37 states, the District of Columbia, and Puerto Rico regarding defective Chinese drywall. The bulk of those reports – 1,759 – have come from Florida. » More: FEMA Rejects Florida’s Request for Chinese Drywall Help

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CPSC Seeking Info on Chinese Drywall Fires

March 11th, 2010

Federal safety regulators are seeking information on fires that might be related to defective Chinese drywall. The Consumer Products Safety Commission (CPSC) has asked fire safety professionals nationwide to alert it of any fires that could be related to the tainted wallboard.

Since late 2008, the Consumer Products Safety Commission (CPSC) has received about 3,000 reports from residents in 37 states, the District of Columbia, and Puerto Rico regarding defective Chinese drywall. Gases emitted from Chinese drywall are being blamed for significant property damage, including damage to HVAC systems, smoke detectors, electrical wiring, metal plumbing components, and other household appliances. These gases also produce a sulfurous odor that permeates homes, and cause metals, including air conditioning coils and even jewelry, to corrode. People living with Chinese drywall have also suffered eye, respiratory and sinus problems that may be linked to the gases. » More: CPSC Seeking Info on Chinese Drywall Fires

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Chinese Drywall Health Concerns Mount Over Death Reports

March 4th, 2010

Could Chinese drywall be killing people? Well, it seems that nine people living in homes with Chinese drywall have died from various ailments, and now several lawmaker are demanding answers.

According to a report in the New Orleans Times-Picayune, the Consumer Products Safety Commission (CPSC) said death reports were among the Chinese drywall complaints it has received, however it has not found direct scientific evidence to support a link between the deaths and the drywall. The death reports were first uncovered by the Scripps Howard News Service, which filed a freedom of information request to get copies of 2,700 drywall complaints filed with the agency, the Times-Picayune said. » More: Chinese Drywall Health Concerns Mount Over Death Reports

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