Florida Judge Rules Banner Claimants Can Select To "Opt Out" of Settlement - BANNER has OPTIONS ?
Florida homeowners and victims of tainted corrosive drywall, sold by Banner Supply, can have their day in court, and Judge Fallon can NOT stop Floridians from suing individually to seek compensation, according to Broward County, Judge Charles Greene
Sept. 18, 2011 - PRLog -- Broward County Circuit Judge Charles Greene ruled on Monday, September 12th, 2011 that Floridians can "opt out" of the Global Banner Supply Settlement approved by Judge Fallon's MDL type Class Action, and can now, again sue individually, just like 12 other Homeowners with existing or pending Judgements, specifically against Banner Supply, through the Florida State Court System or Florida Judicial System, seeking full compensation and cost associated with repairs, personal property damage, pain, and suffering, typically requested with litigation.
With this ruling and the simple fact that 100's of victims currently included in the existing Global Banner Settlement Offer, per Lawyers representing them, will now be "opting out" and seeking litigation judgements, and awards, against Banner Supply and their Insurers through the Florida Court System.
With this option, again ... now available, several scenarios and facts come to light ...
1) Fewer Claimants drawing on the $ 54,475,558.00 remaining Global Banner
Settlement funds, after existing and pending Judgements are satisfied or fully funded
from the actual total $ 61,000,000.00 Settlement amount ... resulting in potentially
larger individual Global Banner Settlement Offer Payouts.
2) New lawsuits and litigation filed against Banner Supply and their Insurers seeking
compensation and cost to correct ... legally and clearly proven to be attainable ...
based on two (2) currently documented, Florida Court System issued and pending
Judgements, included in the Global Banner Settlement Offer, covering seven (7)
claimants to receive $747,903.00 EACH and five (5) claimants to receive
3) Banner Supply and their Insures have the option to retract the current Global
Settlement Offer on the table and pursue litigation defense options through the
Florida Court System in lieu of the proposed Global Banner Settlement
$ 61,000,000.00 payout
4) Current pending lawsuit and litigation filed by Banner Supply against Knauf for
$ 100,000,000.00 ... and if Banner Supply prevails or wins, Judgement amount or
Award would legally become another Banner Supply asset or source of funding future
Judgements and Awards in individual Florida Court System cases, filed by Florida
Homeowners or victims associated with tainted corrosive "Chinese" drywall sold and
distributed by Banner Supply in addition to the Insurers Policy coverage.
5) Banner Supply and their Insurers have an option to payout the $ 61,000,000.00
Global Settlement Offer and then litigate individual claims and deny any coverage
funding is remaining, based on previous Global Settlement Payout have reached the
legal limits, required by the Policies, obviously in conflict with Plaintiffs Attorneys.
As you can see, the simple Global Banner Supply Settlement Payout Offer, based on Broward County Circuit Judge Charles Greene latest ruling is far from over, and far from simple, on any level. The legal issues, jurisdiction issues, and complex Insurance coverage issues will all need to be decided and based on our current legal system, could take another five (5) years or more.
Clearly ... Homeowners that have waited and followed their Attorney or Lawyer recommendations in the hopes of receiving a large or substantial settlement or payout to correct the issue, are starting to understand, after four (4) plus years, numerous false or misleading statements or opinions ... that we are almost there ... now have come to realize waiting was not the right decision.
Yes ... Documenting and following an established EPO (evidence protection or preservation order) abating, treating, and re-building your house was more than likely the way to go and let the Attorney and Lawyer fight the Court battles and system to recoup cost associated with corrective measures, that also, as we speak, continue to change and evolve, with no guarantee of success or solution, solving problems associated with future unknown residual out-gassing and cross contamination issues.
When you are ready to discuss correcting your tainted corrosive "Chinese" drywall structure, and would like a property specific Environmental Insurance Policy covering any future out-gassing or environmental issues ... then
Foreman and Associates Team of Professionals are ready to explain our cost effective and property specific Insurance backed Tainted Corrosive Corrective Drywall Protocol, providing your Attorney or Lawyer all the field documentation and evidence required to support litigation, allowing you to move on with your life while your case works through the Florida Court System, whether you choose individual litigation or MDL type Class Action.
Why wait any longer ???
Foreman and Associates abatement, treatment, testing, and re-construction Protocol provides Homeowners the option to purchase a property specific Environmental Insurance Policy, covering any future environmental issues.
Call to-day or visit our web site ... http://www.ConstructionGuru.com
Thank you for your interest and time,
Michael S. Foreman
Foreman and Associates, Inc.
Forensic Construction Consultants
CDW / TCDW Experts
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Foreman and Associates, knowledge and expertise of Tainted Corrosive Drywall (TCDW) or "Chinese" drywall (CDW) continues leading the Industry with:
First 100% Accurate NDE Diagnostic Protocol (January 2009)
First Environmental Insurance backed abatement and treatment Protocol
First to publish and share NDE Analysis Protocol (January 2010)
First to promote and endorse SNiPER® Treatment System
First to acknowledge and endorse personal property SNiPER® Treatment System
First Cost Effective abatement Protocol requiring ALL electrical wiring / fixtures, HVAC equipment / duct work, drywall, cabinets, interior doors / hardware, carpet and pad, plumbing fixtures, removal and replacement or SNiPER® Treatment of specific components.
Our firms Treatment Protocol for Tainted Corrosive Drywall or Chinese Drywall has been documented as 100% successful.
Our SNiPER® Treatment affords Clients a CDW Specific Insurance Policy, covering any future issues associated with Chinese Drywall.
Page Updated Last on: Sep 19, 2011