OT - Insurers dropping Chinese drywall policies

Posted by on October 16, 2009, 10:19 pm

On Fri, 16 Oct 2009 13:44:46 -0700 (PDT), RicodJour

>On Oct 16, 4:01 pm, spamb...@milmac.com (Doug Miller) wrote:

>> In article

>> >On Oct 16, 1:53=A0pm, spamb...@milmac.com (Doug Miller) wrote:
>> >> In article <df571e48-c287-4d3f-8598-dcfee7fd2...@o10g2000yqa.googlegroups=
>> >> >I would agree...the problem seems to be the lack of retrieving damages
>> >> >from the manufacturers and importers of the bad sheetrock.
>> >> Nonsense. The homeowners need to go after the *builders* who used

low-quality
>> >> materials.
>> >So, if your brand new car burst into flame you'd sue the dealer?

>> Of course not. I'd sue the manufacturer of the car. Just like the owners of
>> the homes with Chinese drywall need to do: sue the manufacturer of the home.

>> >Replying to nonsense with nonsense doesn't make sense.

>> Your analogy is, to put it charitably, severely flawed.
>> Hint #1: Who is the manufacturer of a house?
>> Hint #2: It's not the company that made the drywall, or the forester that
>> grew the trees that the framing was milled from.

>Your understanding of how the legal system works is severely flawed,
>which is why you didn't understand my analogy.
>Rule one is to go after the guys with the deepest pockets. The
>builder isn't it.
>R

Nor is the manufacturer of the drywall - you would also need to sue in
a Chinese court.
The "logical" choice would be the importer of the crap - if you can
determine exactly who that was - and he (it) will likely have less
assets than the builder, and no product liability insurance.
"judgement-proof" is the term usually used.

Posted by Steve Stone on October 16, 2009, 10:54 pm

> Nor is the manufacturer of the drywall - you would also need to sue in
> a Chinese court.

Do the Chinese have a court system... or do they just execute the CEO
and 5 or 10 of is closest friends?

Posted by SMS on October 19, 2009, 2:15 pm

Doug Miller wrote:

> In article

>> On Oct 16, 1:53=A0pm, spamb...@milmac.com (Doug Miller) wrote:

>>> In article <df571e48-c287-4d3f-8598-dcfee7fd2...@o10g2000yqa.googlegroups=
>>>> I would agree...the problem seems to be the lack of retrieving damages
>>> >from the manufacturers and importers of the bad sheetrock.
>>> Nonsense. The homeowners need to go after the *builders* who used low-quality
>>> materials.

>> So, if your brand new car burst into flame you'd sue the dealer?

>
> Of course not. I'd sue the manufacturer of the car. Just like the owners of
> the homes with Chinese drywall need to do: sue the manufacturer of the home.
>

>> Relying to nonsense with nonsense doesn't make sense.

> Your analogy is, to put it charitably, severely flawed.
>
> Hint #1: Who is the manufacturer of a house?
> Hint #2: It's not the company that made the drywall, or the forester that
> grew the trees that the framing was milled from.

LOL, and you'd have a hard time going after the drywall manufacturer in
China!

The builder is the one to go after. They have the deepest pockets and
they have insurance to cover this sort of thing.

I have a rental townhouse where after four years some latent defects
showed up. We didn't even have to threaten to sue, we went straight to
the builder's insurance company, even though the builder was out of
business they had had to purchase insurance against latent defects. We
were lucky, just some decks that had footings that were sinking that
cost the insurer only maybe $80,000 to fix while a nearby complex had
upper level decks that were falling off the building due to poor materials.

It's scary to look at some of the building materials used in new
construction.

Posted by Ralph Mowery on October 16, 2009, 6:05 pm

On Oct 16, 1:53 pm, spamb...@milmac.com (Doug Miller) wrote:

> In article

> >I would agree...the problem seems to be the lack of retrieving damages
> >from the manufacturers and importers of the bad sheetrock.

> Nonsense. The homeowners need to go after the *builders* who used
> low-quality
> materials.

>>So, if your brand new car burst into flame you'd sue >>the dealer?
>>Relying to nonsense with nonsense doesn't make sense.

Going up in flames may be hard to prove it was the dealer or the builder.
There has been cases where the cars hit in the rear and burst into flames
people sued the motor company. Also a truck that had the gas filler just
behind the driver had the builder sued when it turned over on its side and
burst into flames.
The builder lost in both cases.
The companies that made or used asbestos were sued. This was years after it
was discovered it was bad for people's health.

The home owner should go after the builder for using substandard materials
and the supplier in China. If they do not pay for the replacement then the
US should not allow any imports from China of anything.

We should not be buying things from them anyway. Look at all the problems
their substandard items have caused health wise.
Lead in items. I think it was something in the paint of toys that turned
into a drug that affected young children when they licked it.

Posted by George on October 16, 2009, 7:42 pm

RicodJour wrote:

> On Oct 16, 1:53 pm, spamb...@milmac.com (Doug Miller) wrote:

>> In article

>>> I would agree...the problem seems to be the lack of retrieving damages
>> >from the manufacturers and importers of the bad sheetrock.

>> Nonsense. The homeowners need to go after the *builders* who used low-quality
>> materials.

>
> So, if your brand new car burst into flame you'd sue the dealer?
> Relying to nonsense with nonsense doesn't make sense.
>
> R

Absolutely if he hired the typical pirate law firm. They would comb for
whomever had wealth they could transfer to themselves and could be
associated in any way. It builds up the take because if they sue you you
must present a defense or bargain to be released. Often in the case of
the car dealer their insurer might offer $100,000 to make them go away.

Without going into big detail my buddy had a car for his daughter to
commute to college. The car died and he signed the title to dispose of
it as junk and gave it to a garage who was supposed to have it scrapped.
Instead they built a Frankencar and sold it. Two young men died when
the car burned in a wooded area (drugs and alcohol were involved). Along
with the car manufacturer and car parts manufacturer they are suing my
buddy for around what wealth they discovered because they claim some
service bulletin wasn't done sometime in the past when he owned the car.
You can't make this stuff up.

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