Arkansas may officially own the nickname, but they have nothing on Louisiana where trial lawyers are concerned. Goodbye silicosis and mesothelioma, hello Chinese Drywall. Let the suing begin!!
OmniSure, you may want to search the IJ archives. They put an article out there addressing coverage issues related to chinese drywall suits a while back which was nicely detailed.
Short version: Forms CG2294 (exclusion damage to your work performed by subcontractor) and especially CG2149 (total pollution exclusion endorsement) will be a barrier for anyone filing CD claims.
Love the jurisdiction. It is sort of like how every intellectual property lawsuit in the country gets filed in a small town in the Eastern District of Texas!
Insurance policies have a very strict clause about not covering claims regarding substandard building materials, contractor fault, or builder fault. Insurance companies should NOT have to pay out because builders were being greedy when the boom was hot, and were cutting corners for more profits by using crap material. The builders (greedy pigs) need to take responsibility for that.
the importation of defective drywall
manufactured by a foreign country is
the responsibility of 1. the manufacturer
2. the country which no doubt owns
or subsidizes the manufacturer and allows
it to function with substandard environmental controls resulting in the
defective product 3. the US government
which allowed the product to be imported
into the US without the proper checks on
the way the product was manufactured and
4. the builder many of whom knew of the problem early on and continued to build
but even if they did not know, the warrantied the home for the purpose for
which it was intended ie habitability
and the loss as the result of having
this drywall is absolutely a casualty
loss as much as hurricane damage would
be considered a casualty loss
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Arkansas may officially own the nickname, but they have nothing on Louisiana where trial lawyers are concerned. Goodbye silicosis and mesothelioma, hello Chinese Drywall. Let the suing begin!!
ROFLMAO – I Loved your comment….
priceless..
My thoughts are the Chinese Drywall claim potential is very limited if not excluded under the CGL of the INSURED: WCI or any of their subs…
Can a claim specialist advise on how there may be coveage under the CGL for this POLUTION and/or CONSTRUCTION DEFECT limited/excluded claim.
Hope we can keep this going with good Chinese Drywall claim info.
Thanks
OmniSure, you may want to search the IJ archives. They put an article out there addressing coverage issues related to chinese drywall suits a while back which was nicely detailed.
Short version: Forms CG2294 (exclusion damage to your work performed by subcontractor) and especially CG2149 (total pollution exclusion endorsement) will be a barrier for anyone filing CD claims.
Love the jurisdiction. It is sort of like how every intellectual property lawsuit in the country gets filed in a small town in the Eastern District of Texas!
Insurance policies have a very strict clause about not covering claims regarding substandard building materials, contractor fault, or builder fault. Insurance companies should NOT have to pay out because builders were being greedy when the boom was hot, and were cutting corners for more profits by using crap material. The builders (greedy pigs) need to take responsibility for that.
the importation of defective drywall
manufactured by a foreign country is
the responsibility of 1. the manufacturer
2. the country which no doubt owns
or subsidizes the manufacturer and allows
it to function with substandard environmental controls resulting in the
defective product 3. the US government
which allowed the product to be imported
into the US without the proper checks on
the way the product was manufactured and
4. the builder many of whom knew of the problem early on and continued to build
but even if they did not know, the warrantied the home for the purpose for
which it was intended ie habitability
and the loss as the result of having
this drywall is absolutely a casualty
loss as much as hurricane damage would
be considered a casualty loss