Order requiring registration of claims associated with the Knauf, Banner, InEx, Global, and L&W Class Settlements
Order Approving the InEx Settlement, the Banner Settlement, the Knauf Settlement, the L&W Settlement, and the Global Settlement
In the Federal Chinese Drywall MDL proceedings pending in the United States District Court for the Eastern District of Texas (the “Court”), the Plaintiffs’ Steering Committee (“PSC”) has been engaged in ongoing negotiations with various defendants to globally resolve as much of the Chinese Drywall litigation as possible. These discussions have resulted in a series of proposed class action settlements which have received preliminary approval from the Court, allowing notice to go forward in each, as follows:
Please be advised that the Plaintiffs’ Steering Committee (“PSC”) in the federal Chinese Drywall MDL proceedings has entered into a proposed Settlement Agreement on behalf of all Class Members with certain Builders, Installers and Suppliers and their respective Participating Insurers.
Please be advised that the Plaintiffs’ Steering Committee (“PSC”) in the federal Chinese Drywall MDL proceedings has entered into a proposed Settlement Agreement with Knauf and various Knauf affiliates that are allegedly responsible for manufacturing and distributing Chinese drywall into homes in the United States. The Settlement Agreement is very lengthy and includes several attached exhibits. You can obtain a copy of the Settlement Agreement by going to www.laed.uscourts.gov/drywall/drywall.htm. The Settlement Agreement is located under the December 20, 2011, paragraph. In addition, we are posting the Settlement Agreement on our website at www.wcitrust.com.
Please take notice that on May 11, 2011, beginning at 6:00 p.m., the WCI Chinese Drywall Trust will hold an informational meeting for all homeowners with homes built by WCI Communities Inc. and containing Chinese drywall. The meeting will be conducted by Bruce Steckler and Michael Ryan, two members of the WCI Chinese Drywall Trust Advisory Board. The meeting will be held at the Coral Springs Marriott, 11775 Heron Bay Blvd., Coral Springs, Florida 33076. Please contact (954) 753-5598 for further information.
The Trustee of the WCI Chinese Drywall Property Damage and Personal Injury Settlement Trust (the “Trust”), with the consent of the Chinese Drywall Trust Advisory Board (the “Board”) has determined to defer the acceptance of all Chinese Drywall Personal Injury Claims (“PI Claims”). If you are the holder of an unreimbursed PI Claim, you do not need to submit your PI Claim at this time. Any PI Claim submitted to the Trust prior to the May 10, 2011, deadline shall be deemed by the Trust to be solely an informational filing, and the Trust will take no action with regard to such PI Claim unless and until the Trust issues a further notice regarding PI Claims. PI Claims will not be accepted for processing until the Trustee determines, with the consent of the Board, that medical evidence, presumptive medical criteria, or other information has become available that is reasonably reliable and would support a viable PI Claim in the court system.
This notice only applies to PI Claims. If you hold a Chinese Drywall Property Damage Claim (“PD Claim”), you must submit the Claim Form, with all required supporting documentation, to the Trust by Tuesday, May 10, 2011.
The WCI Chinese Drywall Property Damage and Personal Injury Settlement Trust (the “Trust”) has finalized its Claim Form and the Trust will begin accepting the Claim Form on March 11, 2011. The Claim Form can be submitted on-line by using the Trust’s claims submission website: www.wcitrustclaim.com .
The Claim Form can also be submitted by mail to the address listed on the Claim Form. To download the Claim Form for mailing, click here. To download the Instructions for filing the Claim Form, click here.
If you are represented by counsel, your counsel can submit the Claim Form on your behalf. Please contact your counsel prior to filing the Claim Form so that duplicate claims are not submitted to the Trust.
The Claim Form should be submitted by all holders of Chinese Drywall Claims, including holders of Chinese Drywall Property Damage Claims (“PD Claims”) seeking to have their claim(s) paid under the Expedited Review or Individual Review processes of the WCI Chinese Drywall Property Damage and Personal Injury Settlement Trust (the “Trust”). The Trust is not currently accepting Chinese Drywall Personal Injury Claims (“PI Claims”). See Sections 1.3, 2.1, and 2.4 of the WCI Chinese Drywall Property Damage and Personal Injury Settlement Trust Distribution Procedures (the “TDP”) for further information regarding PD Claims and PI Claims. The TDP is available by clicking the following link: Trust Distribution Procedures (TDP).
This Claim Form, including all required supporting documentation, must be completed as thoroughly as possible to ensure prompt resolution of claims. Submitting an incomplete Claim Form may result in delays in processing and/or the Trust not being able to assign the claim a position in the first-in-first-out (FIFO) processing queue.
Pursuant to Section 5.1(a) of the TDP, the deadline for all claimants to submit their Claim Form is Tuesday, May 10, 2011.
If you have any questions regarding the Claim Form and the claim process, please contact the Claims Administrator at (800) 222-2760 or submit your question to the following email: firstname.lastname@example.org.
This Demonstration Remediation Agreement creates a program by which the Knauf Entities will remediate up to 300 homes (“the Remediation Homes”) whose owners acquired title to their homes prior to the execution of this Agreement (“homeowners”), have claims against the Knauf Entities and the Other Participating Companies pending in the MDL (the “Demonstration Remediation Program” or “Program”)
WASHINGTON — The Internal Revenue Service today issued guidance providing relief to homeowners who have suffered property losses due to the effects of certain imported drywall installed in homes between 2001 and 2009.
Revenue Procedure 2010-36 enables affected taxpayers to treat damages from corrosive drywall as a casualty loss and provides a ”safe harbor” formula for determining the amount of the loss.
Dear WCI Homeowners:
Please be advised that on behalf of the WCI Trustee, Judge Robert C. Pate, counsel for the WCI Trust has been in settlement negotiations with WCI’s insurance carriers as well as the manufacturers and suppliers of Chinese drywall to WCI.
To facilitate these ongoing negotiations, it is IMPORTANT that you provide us with the following information substantiating your claim:
- We need verification that you have Chinese Drywall. This includes any inspection reports, testing and/or photos that identify the manufacturer and/or markings on your drywall. If possible, we prefer a report indicating the extent of the drywall throughout your home. If you do not know an inspector, we have posted the names of drywall inspectors that would be acceptable.
- To the extent you know, we would also like any information on the supplier, distributor or manufacturer of the drywall in your home.
- Please provide the following: (a) square footage of your home; (b) closing date; (c) identity of seller from HUD1 Closing Statement; (d) Date your CO was obtained.
We NEED this information as soon as possible — before October 1, 2010. If you are represented by counsel, please ask your counsel to respond as soon as possible. If you or your counsel have previously provided this information to us, it is not necessary to resend it. If you are unsure, you may email us at email@example.com for confirmation.
We appreciate your cooperation.
|Bruce W. Steckler||Micheal J. Ryan|
|Baron & Budd, PC||Krupnick Campbell|
|on behalf of the WCI Trust|
Please take notice that the hearing on the Trust’s Motion for Order Approving the Trust’s Distribution Procedures and Approving Future Notice Procedures has been changed to November 2, 2010, at 1:00 p.m.
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It has come to our attention that Mid-Continent Casualty Company has sent letters to certain claimants and their counsel asking for information to be submitted in support of their Chinese Dry Wall claims.
Mid-Continent’s letter refers to exclusions that preclude or limit coverage.
Please be aware that the WCI Chinese Dry Wall Trust’s insurance coverage counsel, Anderson Kill & Olick, believes that Mid-Continent’s letter does not disclose the true extent of coverage available and does not disclose the severe limitations on the exclusions in typical Mid-Continent’s insurance policies.
Claimants and their counsel should be aware of that before engaging in any dialogue with Mid-Continent’s claim representative.
Claimants and their counsel also should be aware that the WCI Chinese Dry Wall Trust also has commenced an insurance coverage action in the Multi-District Litigation before U.S District Court Judge Fallon in the U.S. District Court for the Eastern District of Louisiana (New Orleans) to get full coverage under the Mid-Continent policies for the benefit of WCI claimants.
NOTICE TO ALL WCI HOMEOWNERS AND INSURERS OF THE MOTION TO APPROVE TRUST DISTRIBUTION PROCEDURES AND FUTURE NOTICE PROCEDURES
The WCI Chinese Drywall Property Damage and Personal Injury Settlement Trust (the “Trust”) through its Trustee, Judge Robert C. Pate (the “Trustee”), hereby moves this Court for an Order approving the WCI Chinese Drywall Property Damage and Personal Injury Settlement Trust Distribution Procedures (the “Trust Distribution Procedures”) and to approve future notice procedures for the Trust. In support thereof, the Trust represents as follows:
CHINESE DRYWALL PROPERTY DAMAGE AND PERSONAL INJURY SETTLEMENT TRUST DISTRIBUTION PROCEDURES – DRAFT
The Chinese Drywall Property Damage and Personal Injury Settlement Trust Distribution Procedures (the “TDP”) contained herein provide for resolving all Chinese Drywall Claims, including Chinese Drywall Property Damage Claims (“PD Claims”) and Chinese Drywall Personal Injury Claims (“PI Claims”), as provided in and required by the Second Amended Joint Chapter 11 Plan of Reorganization for WCI Communities, Inc. (“New WCI”) and 2009 Real Estate, LLC (f/k/a 2009 Real Estate Corporation, f/k/a WCI Communities, Inc.) (“Old WCI,” together with New WCI, “WCI”) and Its Affiliated Debtors, dated as of July 16, 2009 (as it may be amended or modified, the “Plan”) and the Chinese Drywall Property Damage and Personal Injury Settlement Trust Agreement (the “Chinese Drywall Trust Declaration”). The Plan and the Chinese Drywall Trust Declaration establish the Chinese Drywall Property Damage and Personal Injury Settlement Trust (the “Chinese Drywall Trust”). The Trustee of the Chinese Drywall Trust (the “Trustee”) shall implement and administer this TDP in accordance with the Chinese Drywall Trust Declaration.