Lawsuits are occurring alleging property damage and bodily injury arising from contaminated Chinese Drywall in residential construction. Insurance coverage disputes have followed, some resulting in declaratory judgment actions. In this Analysis, Brian J. Osais, Nicholas M. Insua and Jason M. Alexander...
ATLANTA - (Mealey's) A key
Chinese drywall manufacturer and a major U.S. home builder confirmed today that
they have reached agreement on compensation for repairs the builder made to a
number of homes it constructed in South Florida.
Don Hayden of Baker &
McKenzie in Miami, counsel for...
MIAMI - (Mealey's) A Florida
judge on May 27 certified the proposed class of affected homeowners and
businesses in a statewide Chinese drywall class action, marking the first such
class certification in the country ( Jason Harrell, et al. v. South Kendall
Construction Corp., et al . , No. 09...
From the insurance coverage disputes arising from the
Chinese drywall litigation came a ruling by Judge Rebecca Beach Smith of the
U.S. District Court in Norfolk, Va. recognizing that remediation costs are not
covered absent a legal obligation but, for now, declining to rule on the issue
Michael Ryan of Krupnick Campbell Malone Buser Slama
Hancock Liberman & McKee spoke on remediation protocols during HB
Litigation Conferences' recent conference on Chinese drywall litigation and
insurance coverage. Ryan represents
plaintiffs in this complex litigation and once again delivered...
Leonard Goldberger of Stevens & Lee spoke at HB
Litigation Conferences' May 18 program on Chinese drywall litigation,
specifically on "brewing bankruptcy concerns" in the cases. More information about HB recordings and
upcoming events on the subject can be found at LitigationConferences...
MIAMI - (Mealey's) A Florida jury on June 18th awarded
a couple nearly $2.5 million for damages done to their home by Chinese drywall
and held a local distributor mostly responsible, according to published reports
( Armin Seifart, et al. v. Knauf Gips KG, et al. , No. 2009-038887-CA-42,
By R. Steven Rawls and Ryan K. Hilton
Report: Insurance Bad Faith
Many insurers that issued liability policies to homebuilders in the southeast
United States are receiving an influx of Chinese-drywall claims. Between 2004
and 2007, an estimated...
By Randy Maniloff, Partner, White and Williams LLP
Karen Carpenter, on life as an insurer in Pennsylvania handling construction defect claims:
Everything I want the world to be
Is now comin' true especially for me
And the reason is clear, it's because Gambone is here
ORLEANS - (Mealey's) Attorneys involved in MDL 2047 announced today that a
settlement agreement has been reached between the plaintiffs and a local
supplier of tainted Chinese drywall ( In re: Chinese-Manufactured
Drywall Products Liability Litigation , No. 2:09md02047, E.D. La.; See April...
If you recall, a bit over a year ago I posted regarding the Builders Mut. Ins. Co. v. Dragas Management Corp. litigation in the Eastern District of Virginia federal court. [ enhanced version available to lexis.com subscribers ] Back in May of 2010, the Court dismissed a suit by a contractor that voluntarily...
Recently the state and federal courts here in the Commonwealth of
Virginia made two construction law rulings that I thought you all would
The first of these involves the infamous Chinese drywall discussed in this blog on a couple of occasions. In another ruling in the continuing...
I am beginning to think that I should start a page just dedicated to
the Dragas Management Chinese Drywall saga. If you remember, Dragas is
the company that tried to do the right thing and help its customers. However, it made the mistake of doing this without a "claim" so its insurance...
NEW ORLEANS -- (Mealey's) Parties in the Chinese drywall multidistrict litigation on Nov. 16 announced a resolution to repair hundreds of homes constructed with defective drywall manufactured by Knauf Plasterboard Tianjin (KPT) ( In re: Chinese-Manufactured Drywall Products Liability Litigation ...
Recent developments have resolved many of the previously
open questions concerning allegedly contaminated Chinese drywall as to both
liability and insurance coverage. Settlement efforts by one of the primary
manufacturers have also helped provide clarity and predictability. In this
\Well, I'm back from vacation and almost dug out from under the stack that was on my desk when I returned and can now get back to Musings . Thanks for awaiting my return (I'm sure it was with baited breath )
I have spoken here at Construction Law Musings on the Dragas line of cases that essentially...
Chinese drywall -- litigation over the smell of a rotten egg, er, rolls on. There has been lots of coverage litigation over the past few years concerning various issues associated with Chinese drywall. But last week’s decision in Chartis Property & Casualty Company v. Jassy, No. 12-2087 (M...