The pair told the federal judge that the company had not shown the suit was filed in bad faith. As an industry leader in high performance building products, we were the first in the world to commercialize the latest state-of-the-art spray foam … Spray Foam Insulation Lawsuits If you or a member of your family developed side effects from polyurethane spray foam, you may qualify to file a spray foam insulation lawsuit to recover compensation for damages you have suffered as a result of this dangerous building material. Co. v. Lapolla Indus., Inc. UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT (23 Dec, 2015) 23 Dec, 2015 At the same time, we have trouble finding practical alternatives to foam in certain areas of the house such as the band joist. The roof is another problem area since we have cathedral ceilings planned for the second floor. The product is suitable for all of the following types: Retrofit pitched and flat roofs. ), Re: Polyurethane SIPs are a travesty! “Having everything consolidated in front of one judge will streamline the entire process and it will give the cases consistency. Attorneys are seeking to have the multidistrict cases heard in a southern Florida federal court by Judge Kenneth A. Marra. When having SPF installed, homeowners should talk to their professional contractor about the product’s curing time and appropriate safety precautions. Federal lawsuits claiming that spray-polyurethane foam insulation is toxic and can sicken those who live in houses where it has been installed are pending in more than a half-dozen states as lawyers deal with an “avalanche” of complaints, a Florida attorney says. “I think there are a lot of people out there who are having problems and don’t know why they are having problems,” he adds. Foam comes in two varieties, open-cell and closed-cell, each with slightly different properties and different R-values. Until they change blowing agents, polyurethane SIPs are the chromatic opposite of "green", independently of any toxicity/sensitivity issues. Case Name. Lapolla Industries, Inc. is a global manufacturer and supplier of state-of-the-art spray polyurethane foam insulation (spf or spray foam), reflective roof coatings, and rigs and equipment — designed to reduce energy consumption in the residential, industrial, and commercial structures. Fiberglass remains king. "Consumers are increasingly turning to high quality spray foam that forms an effective air barrier to meet their energy saving insulation needs. That March of 2018, Huntsman expanded its own spray foam business when it paid $350 million for Demilec. Spray polyurethane foam has become a popular insulation option, especially in high-performance houses. However, the benefits of the addition of Lapolla to most Homes go far beyond money saving alone. Cite as: Neil v. Lapolla Industries, Inc., CV 12-4622, NYLJ 1202735932953, at *1 (EDNY, Decided August 25, 2015). There are so many choices within the insulation industry, which can make it incredibly difficult to sort through the information available. It restricts air movement, which stops moisture accumulation so that the possibility of mould growth is less likely to occur. Lapolla Industries is a reliable partner and manufacturer of spray foam systems and specialty coatings. One client in Florida whose home was sprayed with foam only in the roof is proposing to lift off the entire roof intact, without disturbing the foam, and replacing it with a new one. Since having it recently insulated with spray foam insulation we have noticed the difference, our boiler isn’t kicking into action as much as The complaint alleges that Demilec knew its certified installers were “not fit” to do their jobs and that training and supervision were inadequate. Spray foam is the focus of many homeowner complaints. At the Building Science Experts’ Session, Dr. Joe explained the latest thinking on this increasingly controversial topic, A homeowner gets conflicting advice on how to insulate a 90-year-old Cape Cod home, Concerns about the global-warming potential of spray polyurethane foam prompt the institute to remove some spray foams from its list of allowed insulation materials. Life at the cross-roads: what does the GCC offer PU? To date, complaints have been filed in federal district courts in Florida, New York, Michigan, New Jersey, Connecticut, Wisconsin, and Pennsylvania, says Vince Pravato, an attorney at Wolf & Pravato in Fort Lauderdale. When considering how to insulate an unvented attic, spray foam insulation does not necessarily have to be used. Co. on CaseMine. Air exchange in and out of a home is a leading cause of escalated energy bills. Not only are the many different materials to choose from, there are many different brands of spray foam insulation. Mrs Stevens “Mark, the assessor, explained the process and all the benefits fully. The end of the year brings the inevitable reviews and “Best Of” lists in all kinds of categories. Some proprietary mixes with trade-names may not be as easy to find data on, but they should be able to get you the GWP data on them- if not, pass. “When you hear these stories it’s just a tragedy after a tragedy. The product is suitable for all of the following types: Retrofit pitched and flat roofs. Dana, can you share scientific data on your statement on the lifecycle hit? We Have Lapolla-Approved Spray Foam Installers All Across The United Kingdom Get Connected With an Installer Near You! This is actually what I also care about, that brand name as well as company name is always at risk when the service or the products bears issues like this. Defendant-Appellant Lapolla Industries, Incorporated (“Lapolla”) appeals from the district court’s grant of summary judgment in favor of Plaintiff-Appellee Evanston Insurance Company(“Evanston ”), declaring that Evanston owes no duty to defend Lapolla in a lawsuit brought against Lapolla * Pursuant to 5TH CIR. Follow us on social media for the latest polyurethanes industry news and event updates. What about using SIPs made with Expanded Polystyrene foam? “They have the deep pockets, and the recovery for an individual home makes it very difficult for a law firm to get involved and hire the type of experts you need. Lapolla. With representatives nationwide, Lapolla’s certified technical team is ready to assist our customers from coast to coast. Loft and room in roof projects. Of the two, closed-cell foam is a better insulator, with R-values of about 6.5 per inch. Better on the particulars regarding polyurethane foams using a proprietary low GWP blowing agent: http://www.honeywell-solsticelba.com/wp-content/uploads/2012/11/pu-magazine-solstice-lba-artcles.pdf. Roth is one of the homeowners represented by Pravato’s office. Compare Spray Foam Insulation To Other Types To Find Out How They Rank And Compare This article explains the … GBA also messaged the Spray Foam Coalition, an association of companies that make and sell spray polyurethane foam, for comment. In 2011, GBA senior editor Martin Holladay interviewed eight homeowners who’d experienced problems with spray-foam applications. If granted, a single federal judge would be able to rule on pretrial questions common to all similar complaints no matter where they were filed. Spray Foam Insulation Is Not a Magic Bullet. Dual-Flush Toilets Called Water Wasters in U.K. Research Bolsters Hopes for Radiant Cooling, http://eatmywords.com/services/consulting/, Weighing the Merits of Spray Foam Insulation, PHIUS Says No to Some Types of Spray Foam. You must be a magazine subscriber to access this feature. “According to the U.S. Environmental Protection agency, after SPF is correctly applied and cured, it is considered to be relatively inert, which means the chemicals are finished reacting. Lapolla Industries, Inc. (LPAD) is a global supplier and manufacturer of spray polyurethane foam for insulation and roofing applications, reflective roof coatings and equipment. The installation went as smooth as expected, very tidy. Europe's flexible foam makers face rising prices as outages hit markets, Western European car registrations rebound slowed in September, Western European car registrations regained some ground in August, Western European Car registrations rebound continued in July, Take out the VOC with hybrid release agents, Aromatic polyols for simpler rigid PU formulations, Hennecke and Frimo: an automotive partnership, Pushing ahead: AutoRIM drives KM’s UK growth, BASF opens it first ‘Creation Center’ in Mumbai with a PU twist. When used in modest layers for moisture control in multi-insulation stackups or for air sealing it can eventually break even, but in high-R applications where it's the primary insulation, the environmental break-even point is "never". Call For Your Free Consultation 800-799-2824. Lapolla says the suit was crafted to force a cost-of-defence settlement or face an expensive court fight. In a few cases, unpleasant odors persisted despite attempts to remove foam that appeared faulty, or attempts to spray over it to seal it in. Our members are committed to the health and safety of polyurethane products, which includes spray polyurethane foam (SPF), and those who use them. Lapolla … On December 23, 2015 the United States Court of Appeals Fifth Circuit Judges Davis, Barksdale and Dennis filed a ruling affirming a lower courts decision that the Evanston Insurance Company is not obligated to honor insurance policies with the spray foam manufacturer Lapolla Industries and defend Lapolla in a lawsuit … A huge benefit of spray foam insulation is that it helps deter pests from entering your home. It restricts air movement, which stops moisture accumulation so that the possibility of mould growth is less likely to occur. Spray Foam Insulation: Open and Closed Cell, Spray Foam Jobs With Lingering Odor Problems, Q&A: Out-gassing of bad stuff from spray foam insulation. “It’s very difficult to file individually against these giant chemical companies,” he continues. Register to access our archive of leading information on the polyurethanes industry. In 2011, GBA senior editor Martin Holladay interviewed eight homeowners who’d experienced problems with spray-foam applications. On 13 August, the Markeys filed a brief denying their claims were frivolous adding that Lapolla cannot use sanctions to get around fee-shifting rules in a case that is being dismissed voluntarily with prejudice. “When applied, the resulting polyurethane foam is supposed to become inert and non-toxic,” reads a Florida complaint naming Demilec’s “Sealection” insulation, “but SPF remains toxic after installation because either, as designed, it is impossible to become inert and non-toxic even under optimal conditions; or proper installation (and thus non-toxicity) is nearly impossible given the exacting set of installation requirements and inadequate training and installer certification methods …, “Due to the defective nature of Demilec’s design and manufacture of SPF, the defective nature of Demilec’s training of distributors/installers, and the defective nature of Demilec’s warnings, labeling and training materials, the application and installation of SPF is anything but ― controlled, resulting in the installation of an SPF that causes property damage and health hazards to occupants of installed homes such that the only remedy is the complete removal of the SPF.”, The complaint cites Demilec’s own instruction manual for installers, notably the company’s warning that applying the foam required “strict adherence” to approved techniques and that a “regular maintenance program must be followed and temperatures must be scrupulously respected.”. © 2021 The Taunton Press, Inc. 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