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Last Post 04/02/2010 6:42 PM by  brighton
Chinese Drywall
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Author Messages
wscook
Member
Member
Posts:68


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11/06/2009 12:27 PM
No angle on CD for a PA as of this point in time
BUMMER
William S Cook
William S Cook Public Adjuster/Umpire/Appraiser
0
ChuckDeaton
Life Member
Senior Member
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Posts:1110


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11/06/2009 12:37 PM

Any suggestions as to how to assert and protect a subrogation claim involving Knauf Plasterboard Tianjin Co. Ltd.?

"Prattling on and on about being an ass with experience doesn't make someone experienced. It just makes you an ass." Rod Buvens, Pilot grunt
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ChuckDeaton
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11/06/2009 12:42 PM
"Prattling on and on about being an ass with experience doesn't make someone experienced. It just makes you an ass." Rod Buvens, Pilot grunt
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FloridaBoy
Member
Member
Posts:53


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11/07/2009 10:34 AM
Posted By ChuckDeaton on 06 Nov 2009 12:37 PM

Any suggestions as to how to assert and protect a subrogation claim involving Knauf Plasterboard Tianjin Co. Ltd.?

Send Knauf a registered letter outling the above, as well as the supply house and drywall contractor...good luck.

 

Chuck, are you paying for drywall installed after Katrina/Rita? If so, where did you find coverage? I could not find a way to afford coverage for the claims I have handled.

CD is a can of interesting worms. I don't think the class action suit will be much relief for the plaintiffs though.

 



 

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ChuckDeaton
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11/07/2009 2:24 PM
I expect that my principal will deny the claim, then it is game on. The normal progression would be a suit, probably in federal court. Once in court anything can and does happen. Chinese drywall claims that are not properly handled may generate adverse judgments.

Recently Knaup has agreed to accept service in United States Federal court thru December 2.

Just thinking about the future.
"Prattling on and on about being an ass with experience doesn't make someone experienced. It just makes you an ass." Rod Buvens, Pilot grunt
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ALANJ
Member
Member
Posts:142


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11/09/2009 10:51 AM
Chuck:

I found a copy of the judges order re: How to join the class and the very strict timeline is less than 30 days. Send me a email address and I can forward the order.

Thanks,
AJ
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Ray Hall
Senior Member
Senior Member
Posts:2443


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11/09/2009 6:40 PM

If you folks find products or complete operations insurance, be very careful before giving to an attorney for subrogation.... the seperate carriers may be bound to Arbitration Forums and ask the suits be dismissed. Arbitration Forums on Special Arbitrations are limited to 250K Unless both partys agree to waive the limit. Coverage is also arbitrated by a special panel of 3 persons who have a vast amount of claims background.

Ps To Alan I would like a copy please

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Snappy
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Posts:43


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11/10/2009 12:34 AM

 

This is interesting from The Insurance Blog (Nov 5, 2009):

 "An unexpected piece in the Chinese drywall puzzle has just been uncovered. Florida Insurance Commissioner Kevin McCarty has made clear that in his opinion insurers have no obligation to cover defective Chinese drywall because it is not a covered peril. The Sarasota Herald Tribune reports that at a meeting with state legislators earlier this week, McCarty told them the insurance industry is not responsible for the drywall problem and that ultimately the federal government would have to come up with a funding solution. The November 4 article by Lloyd Dunkelberger quotes McCarty saying: “This is not a covered claim. This is not a covered peril. We need to come up with a plan for a funding source to take care of this.” McCarty described the Chinese drywall issue as a “very, very significant problem,” and stated that the financial responsibility lies with the Chinese drywall manufacturers rather than insurance companies. […] "

 

Pasted from <http://www.coverage4usa.com/insuran...og/?cat=44>

 

 

Commissioner McCarty might be trying to get ahead of this problem because the Florida taxpayers through Citizens have such a large stake in the outcome.

 

And this.

Citizens received a claim involving CD. They denied the claim and then told the home owners that unless the CD was removed their policy would not be renewed. Now after a lot of bad press and thinking more about it Citizens says they will renew the policy.

 

 

John Kuczwanski, public information manager for Citizens:

 

"The initial determination to nonrenew was due to the existence of known damage (corrosion) that could lead to a greater risk for a claim filed for a covered peril (fire or water leak)," Kuczwanski wrote in an e-mailed explanation. "Based on the concerns of the policyholder, we conducted a more in-depth inspection and determined the progression of the corrosion had not reached a point to where there were significant concerns that a covered peril claim would be filed. Therefore we rescinded the notice of non-renewal."

 

Pasted from <http://www.insurancejournal.com/new...104770.htm>

 

It sounds like most of the Chinese drywall was imported for home builders and went into new homes. None of it was ever sold by Home Depot or Loew's, so I would guess that very little of it went into repairs and even less into insurance claim repairs and even less than that into insurance claim repairs where the insurer had any influence on the repairing contractor and what drywall was used.

 

Snappy

 

Drink up Shriners.

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jlombardo
Member
Member
Posts:145


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11/10/2009 6:57 AM

Alan and Tom,

I think that the L&O issue is a viable one and the HO Carriers should be looking into a way to Limit their exposure NOW for the CD claims arising out of an L&O claim.

Real good point you guys.......

Best,
Joe

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ALANJ
Member
Member
Posts:142


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11/10/2009 11:19 AM
Ray hope I sent it to the right email. If not let me know.
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ALANJ
Member
Member
Posts:142


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11/13/2009 3:30 PM
I did my first Chinese Dry Wall inspection. This stuff is as bad or worse than what you may have heard. My head and lungs are still burning from the fumes. But, I did crawl in the attic and had my face right in the stuff.
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host
CatAdjuster.org Founder
Posts:709


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03/27/2010 1:04 AM

I posted the following article in the news section tonight.

Orleans judge says policy exclusions used to deny Chinese drywall insurance claims don't apply.

"In what's believed to be the first Chinese-manufactured drywall insurance ruling in Louisiana, an Orleans Parish judge said this week that the policy exclusions that insurers have commonly been using to deny claims for drywall damage don't apply.

Click here read the NOlA.com article.

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sbeau4014
Founding Member
Member
Member
Posts:427


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03/27/2010 8:03 AM
Not addressing the merits of the case, exclusions plead, etc, my past history with the New Orleans courts have taught me that an insurance very rarely wins any battles at the lower court level no matter how valid the case is. They do however win a ton of battles in the court of appeals that I believe has a special rubber stamp made up for just the lower court rulings that come out of the parishes and fed court around New Orleans, and that stamp states either "OVERTURNED", or "OVERTURNED AND REMANDED". Kanner knows this better then anyone down there.
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brighton
Member
Member
Posts:139


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04/02/2010 6:42 PM
Got this out of the Detroit News but was out of New Orleans...Let the good time roll....

Last Updated: April 02. 2010 1:34PM
Feds: Homes with Chinese drywall must be gutted
Associated Press
New Orleans -- New federal guidelines say thousands of U.S. homes tainted by Chinese drywall won't be safe unless they are completely gutted.
The Consumer Product Safety Commission released the guidelines Friday. They say electrical wiring, outlets, circuit breakers , fire alarm systems, carbon monoxide alarms, fire sprinklers, gas pipes and drywall must be removed.
About 3,000 homeowners, mostly in Florida, Virginia, Mississippi, Alabama and Louisiana, have reported problems with the Chinese-made drywall.
A large quantity of the drywall was imported during the housing boom and after a string of Gulf Coast hurricanes. It has been linked to corrosion of wiring, air conditioning units, computers, doorknobs and jewelry, along with possible health problems.


From The Detroit News: http://www.detnews.com/article/2010...z0jz76SzYa

Rocke Baker
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