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Q: Masonite siding claim processing ( Answered 5 out of 5 stars,   1 Comment )
Question  
Subject: Masonite siding claim processing
Category: Relationships and Society > Law
Asked by: listening43-ga
List Price: $25.00
Posted: 12 Aug 2005 08:36 PDT
Expires: 11 Sep 2005 08:36 PDT
Question ID: 554938
I am about to file a masonite siding claim with the masonite siding
claim administrator (see
http://www.masoniteclaims.com/hardboard/index.htm).  I have been
contacted by various companies/attorneys that claim I can receive a
larger settlement payment (since they work on contingency) if I use
them instead of doing it myself directly with the administrator.  Is
this really true?  If so, what is it that they do that I couldn't do
myself?
Answer  
Subject: Re: Masonite siding claim processing
Answered By: nenna-ga on 12 Aug 2005 10:52 PDT
Rated:5 out of 5 stars
 
Good morning listening43 and thank you for your question.

I am of the opinion, after reading the website you provided, that
these attorneys are just after money.  I am a paralegal and I have
worked on class-action lawsuits before and many of the clients who
came to us with questions talked about getting cold-calls from other
attorneys.  Much like ambulance chasers, there are attorneys who will
buy lists of names of individuals who have purchased the product that
was part of a class action lawsuit, promising more money. However, I
don?t think you will get a higher settlement just because you have an
attorney.  Their site specifically states that:

 ?Eligible Claimants will receive regionally adjusted compensation for
the replacement of the damaged siding with a comparable product.?

They base the settlement award on:

??the Compensation Formula will be based on (1) the average cost per
square foot for siding replacement, including all material and labor
as calculated by industry standards in your area, adjusted annually
for inflation, or (2) the cost of appropriate refinishing as
determined by industry standards in your area, also adjusted for
inflation.

If more than 50% of a wall section is found to have compensable
damage, then an Eligible Claimant will receive compensation,
determined by the Compensation Formula, for that entire wall section.
If 75% of the Masonite Hardboard Siding square footage of the
structure qualifies for compensation, then an Eligible Claimant will
receive compensation, as determined by the Compensation Formula, for
the entire structure.?


According to the settlement agreement, the Defendants will pay
attorney?s fee and it will not be deducted from your settlement:

?NO CLASS MEMBER'S RECOVERY WILL BE REDUCED TO PAY ATTORNEYS' FEES. 
In addition to payment to Class Members, Defendants have agreed to pay
Class Counsels' attorneys' fees?this Settlement does not deduct
attorneys' fees or costs from the class benefit, and CLASS MEMBERS
HAVE NO RESPONSIBILITY TO PAY ANY HOURLY OR CONTINGENT FEES TO CLASS
COUNSEL.?

If you would like to hire a lawyer to make it easier on you (i.e., the
paper trail involved), you have that option.  However, if you would
like to file on your own, as long as you read the information provided
on how to file this claim and follow it 100%, you should be fine. 
They have supplied all the necessary paperwork and instruction and it
seems pretty straight forward to me.

They also give you some contact information if you have any questions:

?Current information is available by calling the Independent Claims
Administrator at 1-800-330-2722, Monday through Friday, between 8:00
a.m. and 4:30 p.m. Central Time. ? If you wish to communicate with
Class Counsel identified above, you may do so by writing to (1) Class
Counsel, c/o 275 Battery Street, 30th Floor, San Francisco, California
 94111-3339, Fax: (415) 956-1008, or (2) any of the Class Counsel
listed in Section 13.?


If this answer requires further explanation, please request
clarification before rating it, and I'll be happy to look into this
further.  Good luck!

Nenna-GA
Google Answers Researcher

Source: 

( http://www.masoniteclaims.com/hardboard/index.htm )
listening43-ga rated this answer:5 out of 5 stars

Comments  
Subject: Re: Masonite siding claim processing
From: nenna-ga on 13 Aug 2005 10:56 PDT
 
listening43 - Thank you very much for the rating and good luck in your
claim.  If you need any additional help, please do not hesitate to
ask!

Nenna-GA

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