Sorry FOWIF – I did not completely respond to your question. There are cases allegedly in 13 separate states with the concentration being in Florida and Louisiana. SC has minimal cases as does GA, WV, VA, CA, AL, TX and even MS (surprisingly).
Is anyone surprised? The Chinese put lead in childrens toys and poison in baby formula! Seriously, when are Americans going to wake up and STOP USING products manufactured in China??? We need to stop importing these products!
Louisiana judges have a different idea about pollution exclusions, and I’m sure they won’t let insurers off the hook with that one.
And, good luck buying something that ISN’T made in China. The US demands cheap stuff, and they deliver. Until we’re willing to produce it or demand better quality that we’re willing to pay for, it’s what we’ll get. China did assasinate the Chinese equivallent of the head of the Consumer Product Safety Commission, so they seem to be paying attention.
Here is what we know thus far, we have more questions than answers though there is much to be learned about the effects of the CDW. There is enough known about the product to enable us to identify it with reasonable certainty. The CDW contains levels of strontium sulphide which are higher levels than in American dry wall; also the CDW contains 5% organic material. We saw evidence that in allot of the contaminated homes, the plastic around the wiring had been penetrated and the gases can reach as far as 5 feet below the concrete slab.
It appears the damage is more severe than first thought in some homes when inspected completely. Just pulling samples does not give a full picture of the collateral damage. Some of the experts argue that, once the exposed to the sulphide, deterioration is progressive and will continue even if the dry wall is removed. There are a number of highly qualified and reliable experts who agree that the only remedy for this problem is removal and replacement of the dry wall as well as the exposed soft wire. There are still some investigations underway that exploring less invasive and costly means of repair. We still do not know of any generally accepted remedial measures, short of removal and replacement, which will definitely eliminate the problem. The most puzzling phenomena was that in some homes tested when they went back the next day to take air samples those sample came back negative. Now how is that, when the first set of samples comes back positive? It is still unclear about the health effects but in private sessions with some toxicologist they feel there may be some bad adverse health effects depending on the exposure time.
Ok to complicate matters, standard comprehensive general liability insurance policies which typically cover general contractors may not afford much relief. Many of the policies include absolute pollution exclusions which bar coverage for any losses arising from “pollution”. Even policies that do not have absolute exclusions typically offer only partial coverage. Thus, one of the most expensive items of repair — the cost of removing and replacing the drywall is likely not covered. If this is the case a home owner may be left pursuing enormous damages from contractors, suppliers or manufactures with little or no available insurance coverage. Unless these defendants have substantial assets, home owners could be left with very limited options.
It will be interesting to see how much the plaintiff’s attorney’s will want to invest in this pursuit. Construction Defect coverage/litigation has evolved and matured….most carriers have gotten smart and written better policies….and rightly so. The industry cannot afford to insure the quality of anyone’s work. 10 years ago, it would have been a great case. Today, the firms who pursue it may go under with expenses.
Carriers defend these cases much more vigorously and successfully now than they did in the past. I don’t know which side you’ll end up on, but whichever it is, I’m sure there is someone that will oppose your opinion. Reminds me of Radon….wait a few days and it’s gone.
So what law firm do you work for?
The fix has already occurred in the policies, it was infact the exclusion you refer to. This fixed the problem of attorney going after insurance companies just because the policy did not exclude what was never intended to be covered by the policy.
I can not foresee a policy that will cover foreign made products installed on behalf of a contractor by a subcontractor. This is a product liability and there are policies available to cover this type of claim, they also have exclusionary language because an insurance policy will never cover everything.
I give you an A for effort, but most folks in the industry understand the problems and most of them are a result of lawyers going after carriers for things that the policies were never intended to cover.
I feel sorry for these folks, I have many clients that are affected and my own house was built during this time period. But I blame the government for allowing this crap to be imported without proper testing. But a lawyer can not make any money suing the government so they go after he next target, insurance companies.
hows about you go after the people that are responsible for making this poisonous stuff, the Chinese… I would love to see a lawyer sue a communist country for this.
When will we all learn that we live in the best place on this planet, at least for now, when will we learn that as americans we have enacted or at least attempted to enact standards of living and production. Do you really think that another country really cares about us americans….no wake up dont buy the crap in the first place buy american in the end if we dont we will pay for it anyway…look at our own industry we are ALL paying for those mistakes too admit it or not think it through and you will come to the conclusion that it makes only good sense
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The cases have been consolidated and are in Federal Court in Louisiana under the direction of Judge Fallon.
Sorry FOWIF – I did not completely respond to your question. There are cases allegedly in 13 separate states with the concentration being in Florida and Louisiana. SC has minimal cases as does GA, WV, VA, CA, AL, TX and even MS (surprisingly).
Is anyone surprised? The Chinese put lead in childrens toys and poison in baby formula! Seriously, when are Americans going to wake up and STOP USING products manufactured in China??? We need to stop importing these products!
any world on problems with S. Korean drywall? Mine is decent; holds paint and artwork; but it does have an odd smell of wet dog..pleas help
Louisiana judges have a different idea about pollution exclusions, and I’m sure they won’t let insurers off the hook with that one.
And, good luck buying something that ISN’T made in China. The US demands cheap stuff, and they deliver. Until we’re willing to produce it or demand better quality that we’re willing to pay for, it’s what we’ll get. China did assasinate the Chinese equivallent of the head of the Consumer Product Safety Commission, so they seem to be paying attention.
Here is what we know thus far, we have more questions than answers though there is much to be learned about the effects of the CDW. There is enough known about the product to enable us to identify it with reasonable certainty. The CDW contains levels of strontium sulphide which are higher levels than in American dry wall; also the CDW contains 5% organic material. We saw evidence that in allot of the contaminated homes, the plastic around the wiring had been penetrated and the gases can reach as far as 5 feet below the concrete slab.
It appears the damage is more severe than first thought in some homes when inspected completely. Just pulling samples does not give a full picture of the collateral damage. Some of the experts argue that, once the exposed to the sulphide, deterioration is progressive and will continue even if the dry wall is removed. There are a number of highly qualified and reliable experts who agree that the only remedy for this problem is removal and replacement of the dry wall as well as the exposed soft wire. There are still some investigations underway that exploring less invasive and costly means of repair. We still do not know of any generally accepted remedial measures, short of removal and replacement, which will definitely eliminate the problem. The most puzzling phenomena was that in some homes tested when they went back the next day to take air samples those sample came back negative. Now how is that, when the first set of samples comes back positive? It is still unclear about the health effects but in private sessions with some toxicologist they feel there may be some bad adverse health effects depending on the exposure time.
Ok to complicate matters, standard comprehensive general liability insurance policies which typically cover general contractors may not afford much relief. Many of the policies include absolute pollution exclusions which bar coverage for any losses arising from “pollution”. Even policies that do not have absolute exclusions typically offer only partial coverage. Thus, one of the most expensive items of repair — the cost of removing and replacing the drywall is likely not covered. If this is the case a home owner may be left pursuing enormous damages from contractors, suppliers or manufactures with little or no available insurance coverage. Unless these defendants have substantial assets, home owners could be left with very limited options.
Rick Hollister CEI, CMR, CLI
Environmental Administrators, Inc
rhollister@environmentaladministrators.com
Tallahassee, Fl
It will be interesting to see how much the plaintiff’s attorney’s will want to invest in this pursuit. Construction Defect coverage/litigation has evolved and matured….most carriers have gotten smart and written better policies….and rightly so. The industry cannot afford to insure the quality of anyone’s work. 10 years ago, it would have been a great case. Today, the firms who pursue it may go under with expenses.
Carriers defend these cases much more vigorously and successfully now than they did in the past. I don’t know which side you’ll end up on, but whichever it is, I’m sure there is someone that will oppose your opinion. Reminds me of Radon….wait a few days and it’s gone.
The courts upheld the flood exclusions… although they made it a tough fight.
So what law firm do you work for?
The fix has already occurred in the policies, it was infact the exclusion you refer to. This fixed the problem of attorney going after insurance companies just because the policy did not exclude what was never intended to be covered by the policy.
I can not foresee a policy that will cover foreign made products installed on behalf of a contractor by a subcontractor. This is a product liability and there are policies available to cover this type of claim, they also have exclusionary language because an insurance policy will never cover everything.
I give you an A for effort, but most folks in the industry understand the problems and most of them are a result of lawyers going after carriers for things that the policies were never intended to cover.
I feel sorry for these folks, I have many clients that are affected and my own house was built during this time period. But I blame the government for allowing this crap to be imported without proper testing. But a lawyer can not make any money suing the government so they go after he next target, insurance companies.
hows about you go after the people that are responsible for making this poisonous stuff, the Chinese… I would love to see a lawyer sue a communist country for this.
When will we all learn that we live in the best place on this planet, at least for now, when will we learn that as americans we have enacted or at least attempted to enact standards of living and production. Do you really think that another country really cares about us americans….no wake up dont buy the crap in the first place buy american in the end if we dont we will pay for it anyway…look at our own industry we are ALL paying for those mistakes too admit it or not think it through and you will come to the conclusion that it makes only good sense