cutting edge insurance litigation issues: chinese drywall to privacy claims nicholas e. zito ramey,...

Cutting Edge Insurance Litigation Cutting Edge Insurance Litigation Issues: Chinese Drywall to Issues: Chinese Drywall to

Privacy ClaimsPrivacy Claims

Nicholas E. ZitoNicholas E. Zito

RAMEY, CHANDLER, MCKINLEY & ZITO, P.C.RAMEY, CHANDLER, MCKINLEY & ZITO, P.C.

www.rameychandler.com

South Texas College of LawSouth Texas College of Law

14 Annual Insurance Law Symposium14 Annual Insurance Law Symposium

January 21-22, 2010January 21-22, 2010

Chinese DrywallChinese Drywall

Drywall ManufacturingDrywall Manufacturing

Mined with gypsum with additives (USA)Mined with gypsum with additives (USA) Synthetic gypsum (Chinese)Synthetic gypsum (Chinese)

Chinese Synthetic Chinese Synthetic GypsumGypsum

Synthetic Gypsum is a by product of coal-fired power plants (fly Synthetic Gypsum is a by product of coal-fired power plants (fly ash), residue from coal combustion (sulfur dioxide) is scrubbed to ash), residue from coal combustion (sulfur dioxide) is scrubbed to create calcium sulfate (gypsum)create calcium sulfate (gypsum)

Synthetics made in the USA are gathered from smokestacks after Synthetics made in the USA are gathered from smokestacks after scrubbing resulting in a cleaner productscrubbing resulting in a cleaner product

Chinese synthetics contain impurities such as strontium sulfide – Chinese synthetics contain impurities such as strontium sulfide – reacts with heat and moisture (humidity) to form hydrogen sulfide reacts with heat and moisture (humidity) to form hydrogen sulfide gasgas

LA Times reports Chinese drywall also contains phosphogypsum, LA Times reports Chinese drywall also contains phosphogypsum, a radioactive substance banned for use in construction in the U.S. a radioactive substance banned for use in construction in the U.S. since 1989since 1989

Imports began as a result of shortages caused by construction Imports began as a result of shortages caused by construction boom earlier in decade and reconstruction of homes in Gulf Coast boom earlier in decade and reconstruction of homes in Gulf Coast following hurricanes in 2004-2005following hurricanes in 2004-2005

Chinese Drywall Related Chinese Drywall Related ComplaintsComplaints

Problems began in 2008 with the following Problems began in 2008 with the following complaints most likely due to off-gassing of complaints most likely due to off-gassing of hydrogen sulfide:hydrogen sulfide:

Rotten egg smell;Rotten egg smell; Corrosion: copper wire, AC evaporators, Corrosion: copper wire, AC evaporators,

appliances, fire & sprinkler systems and appliances, fire & sprinkler systems and various electronic systemsvarious electronic systems

Claimed illnesses and physical symptoms.Claimed illnesses and physical symptoms.

The back-side of this drywall (not normally The back-side of this drywall (not normally visible to the resident) is labeled as "MADE IN visible to the resident) is labeled as "MADE IN

CHINA."CHINA."

The smaller sample (slightly gray in color) was The smaller sample (slightly gray in color) was taken from drywall which was removed from taken from drywall which was removed from the home and replaced with new wallboard the home and replaced with new wallboard (white in color)(white in color)

The ground wire connected to the green screw The ground wire connected to the green screw is blackened and corroded. This wire should be is blackened and corroded. This wire should be copper-coloredcopper-colored

This bathroom fixture is pitted and This bathroom fixture is pitted and corrodedcorroded

The copper coils on this air The copper coils on this air conditioner unit are blackened and conditioner unit are blackened and corrodedcorroded

This copper pipe is blackenedThis copper pipe is blackened

Magnitude of ProblemMagnitude of Problem

Product shortages following several hurricanes Product shortages following several hurricanes resulted in 500 million pounds or 7 million resulted in 500 million pounds or 7 million sheets being importedsheets being imported

Installed in an estimated 100,000 homes per Installed in an estimated 100,000 homes per the Wall Street Journalthe Wall Street Journal

Estimated cost of remediation at $100,000 per Estimated cost of remediation at $100,000 per 2400 sq. ft. home2400 sq. ft. home

Per CPSC as of December 22, 2009 Per CPSC as of December 22, 2009 2,3602,360 incident reports from homeowners in incident reports from homeowners in 3535 states states

CPSC InvestigationCPSC Investigation

Investigating adverse health affects (levels of Investigating adverse health affects (levels of formaldehyde from other building materials and formaldehyde from other building materials and hydrogen sulfide detected-synergistic affect?)hydrogen sulfide detected-synergistic affect?)

Methods of identifying presence of Chinese Methods of identifying presence of Chinese drywalldrywall

November and December interim reportsNovember and December interim reports Contact with importers-companies have been Contact with importers-companies have been

ordered to contact CPSC before distributing ordered to contact CPSC before distributing any Chinese manufactured drywall from their any Chinese manufactured drywall from their inventoryinventory

Chinese drywall CPSC websiteChinese drywall CPSC website

Congressional and Congressional and Governmental ActionGovernmental Action

Several bills introduced into Senate by Florida and Several bills introduced into Senate by Florida and Louisiana SenatorsLouisiana Senators Drywall Safety Act of 2009;Drywall Safety Act of 2009; Mortgage Reform and Anti-Predatory Lending ActMortgage Reform and Anti-Predatory Lending Act

Involves study of property insurance for allegedly contaminated Involves study of property insurance for allegedly contaminated homeshomes

The Foreign Manufacturers Legal Accountability Act of 2009The Foreign Manufacturers Legal Accountability Act of 2009 Easing joinder of foreign company in U.S. Courts;Easing joinder of foreign company in U.S. Courts; Requiring foreign manufacturers to retain business representative Requiring foreign manufacturers to retain business representative

in state where it does significant business for purpose of service in state where it does significant business for purpose of service of processof process

Foreign manufacturers to agree to be held accountable by U.S. Foreign manufacturers to agree to be held accountable by U.S. courts when sued.courts when sued.

Congressional and Congressional and Governmental ActionGovernmental Action

HUD ActionHUD Action Community Development Bloc Grant Community Development Bloc Grant

Program;Program; FHA insured homes – lenders instructed on FHA insured homes – lenders instructed on

December 22, 2009 to operate under FHA December 22, 2009 to operate under FHA Type 1 Special Forebearance rules.Type 1 Special Forebearance rules.

Potential PartiesPotential Parties

BuildersBuilders Sub-contractorsSub-contractors Real Estate DevelopersReal Estate Developers US Distributors/or retailersUS Distributors/or retailers ImportersImporters Manufacturer/related controlling entitiesManufacturer/related controlling entities US Manufacturers using syntheticsUS Manufacturers using synthetics Possibility U.S. manufacturers recycled Chinese Possibility U.S. manufacturers recycled Chinese

drywall to make domestic drywalldrywall to make domestic drywall Numerous Chinese manufacturers identified in MDL Numerous Chinese manufacturers identified in MDL

action – 36 different variations of Chinese drywallaction – 36 different variations of Chinese drywall

Potential Legal ClaimsPotential Legal Claims

NegligenceNegligence Strict LiabilityStrict Liability Breach of ContractBreach of Contract Breach of WarrantyBreach of Warranty DTPADTPA Magnuson-Moss WarrantyMagnuson-Moss Warranty

Damages AllegedDamages Alleged

Testing costsTesting costs AirAir Tearing our of walls to identify Chinese productTearing our of walls to identify Chinese product

Replacement of walls/ceilingsReplacement of walls/ceilings Replacement of wiring, corroded pipes, Replacement of wiring, corroded pipes,

appliances, AC unites, fixtures, smoke appliances, AC unites, fixtures, smoke detectors and sprinkler systemsdetectors and sprinkler systems

Loss of useLoss of use Diminution of property value (stigma)Diminution of property value (stigma) Bodily injury (irritant effects)Bodily injury (irritant effects)

Legal Actions PendingLegal Actions Pending

MDL-2047 Chinese Drywall Litigation pending MDL-2047 Chinese Drywall Litigation pending in New Orleansin New Orleans

MDL websiteMDL website

Knauf Plasterboard (Tianjin) Co. (KPT) entered Knauf Plasterboard (Tianjin) Co. (KPT) entered into a pre-trial order accepting service as to into a pre-trial order accepting service as to homeowner Plaintiffs named in Omnibus Class homeowner Plaintiffs named in Omnibus Class Action Complaint by 12/2/09. Complaint Action Complaint by 12/2/09. Complaint cannot be amended to add new plaintiffs – cannot be amended to add new plaintiffs – avoid Hague Convention service problemsavoid Hague Convention service problems


Class action suit filed in Federal court in December in Class action suit filed in Federal court in December in New Orleans, lead Plaintiff is Sean Payton, head coach New Orleans, lead Plaintiff is Sean Payton, head coach of the New Orleans Saintsof the New Orleans Saints

Lead Class counsel, Russ Herman, says additional 600 Lead Class counsel, Russ Herman, says additional 600 plaintiffs who did not join first class action will be joined plaintiffs who did not join first class action will be joined in new class action to be filed overseas.in new class action to be filed overseas.

First bench trials on property damage involving Virginia First bench trials on property damage involving Virginia Plaintiffs in MDL 2047 are to begin January 25, 2010 Plaintiffs in MDL 2047 are to begin January 25, 2010 against Taishan Gypsum Co.against Taishan Gypsum Co.


Default judgment entered September 25, 2009 against Taishan Default judgment entered September 25, 2009 against Taishan Gypsum Co. in MDL action.Gypsum Co. in MDL action.

LA Attorney General Buddy Caldwell filed suit in Orleans Parish LA Attorney General Buddy Caldwell filed suit in Orleans Parish on January 13, 2010 against multiple entities associated with on January 13, 2010 against multiple entities associated with Knauf Plasterboard (Tianjin), the primary manufacturer of Chinese Knauf Plasterboard (Tianjin), the primary manufacturer of Chinese drywall making its way into Louisiana. Other defendants are drywall making its way into Louisiana. Other defendants are international and domestic manufacturers, distributors, importers international and domestic manufacturers, distributors, importers and builders. Claims economic loss to state due to Chinese and builders. Claims economic loss to state due to Chinese drywall.drywall.

WCI Chinese Drywall Trust sues 14 insurers in Eastern District, WCI Chinese Drywall Trust sues 14 insurers in Eastern District, Louisiana in January, 2010 asserting a declaratory judgment Louisiana in January, 2010 asserting a declaratory judgment action and breach of contract claims.action and breach of contract claims.


Pro-active suit filed by Lennar Homes in FloridaPro-active suit filed by Lennar Homes in Florida Common law indemnityCommon law indemnity NegligenceNegligence Product liability theoryProduct liability theory Implied warrantyImplied warranty Express warrantyExpress warranty Breach of contractBreach of contract

Lennar set aside 39.8 million to remediate at least 400 Lennar set aside 39.8 million to remediate at least 400 homes: homeowner out up to 6 months – sign waiver homes: homeowner out up to 6 months – sign waiver of liability except as to BI claimsof liability except as to BI claims


Dec action on coverage; Dec action on coverage; Builders Mutual Ins. Builders Mutual Ins. Co. v. Dragas, et alCo. v. Dragas, et al in US Dist. Ct. in Virginia in US Dist. Ct. in Virginia

Actions vs. US Manufacturers: Actions vs. US Manufacturers: Swindler v. Swindler v. Georgia Pacific Gypsum, LLCGeorgia Pacific Gypsum, LLC filed in Florida filed in Florida alleges Magnuson-Moss Warranty claim for alleges Magnuson-Moss Warranty claim for synthetic gypsum. GP says it has used synthetic gypsum. GP says it has used synthetic gypsum for years without complaint.synthetic gypsum for years without complaint.

First Party Coverage First Party Coverage Issues – HO PoliciesIssues – HO Policies

When did the loss occur? (Trigger coverage test that When did the loss occur? (Trigger coverage test that will be applied)will be applied)

Has there been direct physical loss to property?Has there been direct physical loss to property? Is the loss due to inherent vice or latent defect?Is the loss due to inherent vice or latent defect? Is the loss due to corrosion?Is the loss due to corrosion? Is the loss caused by a pollutant?Is the loss caused by a pollutant? Is the loss due to faulty, negligent, inadequate or Is the loss due to faulty, negligent, inadequate or

defective:defective: Design, specifications, workmanship, repair, construction, Design, specifications, workmanship, repair, construction,

renovation or remodeling?renovation or remodeling? Materials used in repair, construction, renovation or Materials used in repair, construction, renovation or

remodeling?remodeling?

Trigger of Coverage – HO Trigger of Coverage – HO PoliciesPolicies

Liability claims – “injury – in fact” trigger applied Liability claims – “injury – in fact” trigger applied Don’s Don’s Building Supply, Inc. v. One Beacon Insurance CoBuilding Supply, Inc. v. One Beacon Insurance Co.,267 .,267 S.W.3d 20 (Tex. 2008)S.W.3d 20 (Tex. 2008)

Pre – Pre – Don’sDon’s case law on trigger issue: case law on trigger issue: Allstate Allstate Insurance Co. v. HunterInsurance Co. v. Hunter, 242 S.W.3d 137 (Tex. App. , 242 S.W.3d 137 (Tex. App. Ft. Worth, 2007) applied manifestation triggerFt. Worth, 2007) applied manifestation trigger

Don’sDon’s probably trumps probably trumps HunterHunter See: See: Injury-In –Fact Injury-In –Fact Coverage-HO Policy ViewCoverage-HO Policy View, IRMI.com October 2008 By , IRMI.com October 2008 By R. Brent Cooper and Katie McClellandR. Brent Cooper and Katie McClelland

Direct Physical LossDirect Physical Loss

““We insure against risk of direct physical loss to We insure against risk of direct physical loss to property”property”

““property damageproperty damage means physical damage or means physical damage or destruction of tangible property”destruction of tangible property”

Has the drywall sustained physical damage before Has the drywall sustained physical damage before manifestation of damage?manifestation of damage?

Property must sustain damage from an external source Property must sustain damage from an external source to qualify as “direct physical loss or damage” – builders to qualify as “direct physical loss or damage” – builders risk policy, risk policy, Trinity Industries, Inc. v. INATrinity Industries, Inc. v. INA, 916 F. 2d 267 , 916 F. 2d 267 (5(5thth Cir. 1990) Cir. 1990)

Has there been property damage to other property?Has there been property damage to other property? Damage from hydrogen sulfide to ac system Damage from hydrogen sulfide to ac system

evaporator or electrical systemsevaporator or electrical systems

Inherent Vice or Latent Inherent Vice or Latent DefectDefect

‘‘We do not insure loss:We do not insure loss:3. caused by or consisting of3. caused by or consisting of

a. wear and teara. wear and tearb. Inherent vice, latent defect or b. Inherent vice, latent defect or mechanical breakdown” mechanical breakdown”

Insuring agreement will most likely not cover Insuring agreement will most likely not cover the cost of removal or repair of “Chinese the cost of removal or repair of “Chinese Drywall” due to the internal defect/sulfur Drywall” due to the internal defect/sulfur impurities.impurities.

CorrosionCorrosion

Is there coverage for the corrosive effect of the Is there coverage for the corrosive effect of the hydrogen sulfide off-gassed by the Chinese hydrogen sulfide off-gassed by the Chinese Drywall?Drywall?

It is “property damage”It is “property damage”

But policy does not insure loss:But policy does not insure loss:3.3. “caused by or consisting of:“caused by or consisting of:

c. Smog, rust, or other corrosion”c. Smog, rust, or other corrosion”

Faulty or Defective Faulty or Defective Design or MaterialsDesign or Materials

““We do not insure against loss consisting of any of the We do not insure against loss consisting of any of the following:following:

c.c. Faulty, negligent, inadequate or defective:Faulty, negligent, inadequate or defective:2. design, specification, workmanship, repair, 2. design, specification, workmanship, repair, construction, renovation, remodeling……construction, renovation, remodeling……3. materials used in repair, construction, renovation or 3. materials used in repair, construction, renovation or remodeling;”remodeling;”

No coverage for repair or replacement of Chinese Drywall.No coverage for repair or replacement of Chinese Drywall.

But….. “ensuing loss” coverage?But….. “ensuing loss” coverage?

How about the damage to other property: black soot, How about the damage to other property: black soot, electrical systems; HVAC coils?electrical systems; HVAC coils?

The Pollution ExclusionThe Pollution Exclusion

““We do not insure loss:We do not insure loss:

3.3. Caused by or consisting of:Caused by or consisting of:

e. Discharge, dispersal, seepage, migration, e. Discharge, dispersal, seepage, migration, release or escape of pollutantsrelease or escape of pollutants

Pollutants means any solid, liquid, gaseous, Pollutants means any solid, liquid, gaseous, or thermal irritant or contaminant, including, or thermal irritant or contaminant, including, smoke, vapor, soot, fumes, acids, alkalis, smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste.”chemicals and waste.”

Exclusion held not to be ambiguous: Exclusion held not to be ambiguous: Noble Energy, Inc. Noble Energy, Inc. v. Bituminous Cas. Co.,v. Bituminous Cas. Co., 529 F. 3d 642 (5 529 F. 3d 642 (5thth cir. 2008). cir. 2008).

Under Texas law reasonable expectations of insured Under Texas law reasonable expectations of insured are not considered where policy exclusion is are not considered where policy exclusion is unambiguousunambiguous

Pollution exclusion applied to preclude coverage for Pollution exclusion applied to preclude coverage for liability claim arising out of carbon monoxide exposure liability claim arising out of carbon monoxide exposure claim by apartment dweller which was caused by a claim by apartment dweller which was caused by a blocked furnace vent. See blocked furnace vent. See Nautilus Insurance Nautilus Insurance Company v. County Oaks Apartments, Ltd.,Company v. County Oaks Apartments, Ltd., 566 F. 3d 566 F. 3d 452 (5452 (5thth Cir. 2009). (Exclusion applied to contained Cir. 2009). (Exclusion applied to contained pollutants as well, i.e. even if stayed within the pollutants as well, i.e. even if stayed within the apartment)apartment)

Q.Q. Did the loss occur because of alleged Did the loss occur because of alleged “discharge or release”?“discharge or release”?

““To release-set free from confinement”To release-set free from confinement”

QQ.. Is Carbon monoxide a pollutant? It can be Is Carbon monoxide a pollutant? It can be since it can be an irritant and in certain since it can be an irritant and in certain exposures can be fatal.exposures can be fatal.

Hydrogen Sulfide can be an irritant; it can Hydrogen Sulfide can be an irritant; it can cause damage.cause damage.

How about Phosphogypsum?How about Phosphogypsum?

GL Coverage IssuesGL Coverage Issues

1. Is there an occurrence?1. Is there an occurrence?

Lamar Homes, Inc. v. Mid-Continent Lamar Homes, Inc. v. Mid-Continent Cas. Co.,Cas. Co., 242 S.W.3d 1 (Tex. 2007) 242 S.W.3d 1 (Tex. 2007) Allegedly defectively built foundation Allegedly defectively built foundation resulted in sheet rock and stone veneer resulted in sheet rock and stone veneer cracks. Held: Damage to contractors cracks. Held: Damage to contractors work can be an occurrence.work can be an occurrence.

CGL Coverage IssuesCGL Coverage Issues

2. Is there property damage?2. Is there property damage?

Lessons from Lennar Corp. Great Amer. Ins. Co., Lessons from Lennar Corp. Great Amer. Ins. Co., 200 S.W.3d 651 (Tex.App. [14200 S.W.3d 651 (Tex.App. [14thth] 2006, Pet. Denied) - ] 2006, Pet. Denied) - “EFIS already in an unsatisfactory state when “EFIS already in an unsatisfactory state when applied to homes because it is inherently defective. applied to homes because it is inherently defective. Therefore defective EFIS does not constitute Therefore defective EFIS does not constitute property damage.”property damage.”

No coverage for removal of EFIS by Lennar.No coverage for removal of EFIS by Lennar.

Coverage could exist for water damage to other Coverage could exist for water damage to other property.property.


3.3. How many occurrences?How many occurrences?

Since Lennar was not a designer or Since Lennar was not a designer or manufacturer, each home it built and manufacturer, each home it built and sold was a separate occurrence. sold was a separate occurrence. ($250,000.00 SIR per occurrence ($250,000.00 SIR per occurrence equates with no insurance coverage)equates with no insurance coverage)


4.4. Will the pollution exclusion apply?Will the pollution exclusion apply?

Most likely, yes. Typical policy Most likely, yes. Typical policy language is unambiguous. language is unambiguous.

Absolute pollution exclusion is pretty Absolute pollution exclusion is pretty much “absolute”.much “absolute”.


5.5. Your work exclusion/subcontractor Your work exclusion/subcontractor exception.exception.

Most small builders policies now have Most small builders policies now have modified insuring agreement exempts modified insuring agreement exempts coverage for property damage arising coverage for property damage arising out of subcontractors work.out of subcontractors work.


6.6. What about exclusion M, property What about exclusion M, property damage to “impaired property” or damage to “impaired property” or property not physically injured?property not physically injured?

LennarLennar said this exclusion might apply said this exclusion might apply to replacement of EFIS but not to the to replacement of EFIS but not to the repair of the water damage to homes.repair of the water damage to homes.


7.7. What about the “sistership” exclusion?What about the “sistership” exclusion?

The recall or removal exclusion.The recall or removal exclusion.

Might apply to preventative measures – removal and Might apply to preventative measures – removal and replacement (there has been no formal government replacement (there has been no formal government action yet, although it is expected)action yet, although it is expected)

Exclusion would not apply to cost to repair other Exclusion would not apply to cost to repair other (water) damaged property per (water) damaged property per LennarLennar

Product Liability and Product Liability and DTPA Indemnity ClaimsDTPA Indemnity Claims

Section 82, TCRCPSection 82, TCRCP Innocent seller/retailer can claim indemnity from Innocent seller/retailer can claim indemnity from

manufacturermanufacturer Sheet rock will be deemed a product – Sheet rock will be deemed a product – see K-2, Inc. see K-2, Inc.

v. Fresh Coat, Inc.,v. Fresh Coat, Inc., 253 S.W.3d 386 253 S.W.3d 386 (Tex.App.Beaumont, 2008) EFIS applied by (Tex.App.Beaumont, 2008) EFIS applied by subcontractor was a product-they sold services subcontractor was a product-they sold services andand materials)materials)

No indemnity for “independent liability” of sellerNo indemnity for “independent liability” of seller (If sub pays GC based upon contractual liability (If sub pays GC based upon contractual liability

claim – Section 82 independent liability exemption claim – Section 82 independent liability exemption applies, applies, See K-2See K-2

No indemnity where manufacturer cannot be joined No indemnity where manufacturer cannot be joined (if you can’t get the Chinese manufacturer served)(if you can’t get the Chinese manufacturer served)

Product Liability and Product Liability and DTPA Indemnity ClaimsDTPA Indemnity Claims

Section 17.555 Tex. Bus & Comm. CodeSection 17.555 Tex. Bus & Comm. Code Statutory indemnity may be claimed by Statutory indemnity may be claimed by

contractor or sub against contractor or sub against distributor/manufacturer where homeowner distributor/manufacturer where homeowner brings action under the DTPA.brings action under the DTPA.

Recommended Reading Recommended Reading on Chinese Drywall on Chinese Drywall ClaimsClaims

Christopher Beltner and Joseph Hanna, “The Christopher Beltner and Joseph Hanna, “The Gathering Storm of Chinese Drywall Defect Claims” Gathering Storm of Chinese Drywall Defect Claims” For the DefenseFor the Defense, (June 2009) p. 36, (June 2009) p. 36

Caryn L. Daum, “The Emergence of Chinese Drywall Caryn L. Daum, “The Emergence of Chinese Drywall Claims: A Look at First Party Coverage Issues” Claims: A Look at First Party Coverage Issues” DRI DRI Covered EventsCovered Events, Vol. 1 Issue 25 , Vol. 1 Issue 25

Brian S. Martin and Rodrigo Garcia, Jr., “The Coverage Brian S. Martin and Rodrigo Garcia, Jr., “The Coverage Conundrum in Chinese Drywall Claims” Conundrum in Chinese Drywall Claims” Insurance Insurance JournalJournal, (September 29, 2009), (September 29, 2009)

H. Lockwood Miller, III “Chinese Drywall: A Building H. Lockwood Miller, III “Chinese Drywall: A Building Problem” Problem” DRI-The VoiceDRI-The Voice, Vol. 8, Issue 43, Vol. 8, Issue 43

http://www.myfloridaeh.com/community/indoor-air/http://www.myfloridaeh.com/community/indoor-air/drywall.htmldrywall.html

Meet the ‘EDGE” – Meet the ‘EDGE” – Not the Guy from U2Not the Guy from U2

NanotortsNanotorts

Nanotechnology: An Emerging RiskNanotechnology: An Emerging Risk

NanotortsNanotorts

Nanotechnology: Things built on a molecular Nanotechnology: Things built on a molecular scalescale

Already appears in numerous productsAlready appears in numerous products Evidence of EHS (environmental health & Evidence of EHS (environmental health &

safety risks)safety risks) EPA is conducting a studyEPA is conducting a study Touted as the next “asbestos” tort as “nano Touted as the next “asbestos” tort as “nano

tubes” are claimed to be similar to asbestos tubes” are claimed to be similar to asbestos particles – airborne and skin exposureparticles – airborne and skin exposure

NanotortsNanotorts

Major carriers issued CGL exclusions in Major carriers issued CGL exclusions in 20082008

Continental WesternContinental Western Firemen’s Insurance of Washington, D.C.Firemen’s Insurance of Washington, D.C. Union Insurance CompanyUnion Insurance Company Acadia Insurance CompanyAcadia Insurance Company

NanotortsNanotorts

This “endorsement excludes bodily injury, This “endorsement excludes bodily injury, property damage, and personal and advertising property damage, and personal and advertising injury related to the exposure of nanotubes and injury related to the exposure of nanotubes and nanotechnology in any form. This includes the nanotechnology in any form. This includes the use of, contact with, existence of, presence of, use of, contact with, existence of, presence of, proliferation of, discharge of, dispersal of, proliferation of, discharge of, dispersal of, seepage of, migration of, release of, escape of, seepage of, migration of, release of, escape of, or exposure to nanotubes or nanotechnology.”or exposure to nanotubes or nanotechnology.”

NanotortsNanotorts

There are already ads and website for There are already ads and website for “carbon nano tube attorneys”“carbon nano tube attorneys”

For more see For more see www.nanolawreport.com

BPA SuitsBPA Suits

Insureds Left Out in the Cold?Insureds Left Out in the Cold?

BPA SuitsBPA Suits

Bisphenol A: MDL No. 1967 U.S. Dist. Bisphenol A: MDL No. 1967 U.S. Dist. Court KansasCourt Kansas No bodily injury alleged to avoid denial of No bodily injury alleged to avoid denial of

class actionclass action No coverage per Federal Court ruling in No coverage per Federal Court ruling in

Chicago as no “bodily injury” allegedChicago as no “bodily injury” alleged Potential mass tort due to wide spread Potential mass tort due to wide spread

exposureexposure

BPA SuitsBPA Suits

Carriers adding BPA policy exclusionsCarriers adding BPA policy exclusions Pending Congressional bills in both housesPending Congressional bills in both houses Potential “BI” claimsPotential “BI” claims See Dwyer, “Endocrine Disruption Injury See Dwyer, “Endocrine Disruption Injury

Claims” Claims” For the DefenseFor the Defense (January 2010) p. (January 2010) p. 6262

Mr. Rico Gets Introduced Mr. Rico Gets Introduced to Mr. Worker’s Compto Mr. Worker’s Comp

Brown v. Cassens Transport, Brown v. Cassens Transport, Co.,Co., 546 F.3d 347 (6 546 F.3d 347 (6thth Cir. Cir. 2008)2008)

U.S. Supreme Court ordered 6U.S. Supreme Court ordered 6thth Circuit to Circuit to reconsider whether Plaintiffs could proceed reconsider whether Plaintiffs could proceed with RICO claim arising out of handling of with RICO claim arising out of handling of worker’s comp claimworker’s comp claim

66thth Circuit said yes and that state WC statute Circuit said yes and that state WC statute did not preempt the RICO claimsdid not preempt the RICO claims

Suit will decide whether the employer, the TPA Suit will decide whether the employer, the TPA and the doctor acted in collusion to produce and the doctor acted in collusion to produce “fraudulent medical opinions that would support “fraudulent medical opinions that would support the denial of worker’s comp claimsthe denial of worker’s comp claims

Worker’s comp cases on their own would not Worker’s comp cases on their own would not make it to Federal Courtmake it to Federal Court

Exposure to treble damages and attorney’s Exposure to treble damages and attorney’s feesfees

Incentive to claimants and their counsel to Incentive to claimants and their counsel to challenge the parameters of the state worker’s challenge the parameters of the state worker’s compensation systemcompensation system

Practice point: be careful with your choice of Practice point: be careful with your choice of IME physiciansIME physicians

““It’s Not Easy Being It’s Not Easy Being Green” – Get Ready for Green” – Get Ready for Another Type of GreenAnother Type of Green

Kermit had it wrong – we are Kermit had it wrong – we are heading “green” and insurers are heading “green” and insurers are getting readygetting ready

Massive growth in commercial and residential Massive growth in commercial and residential green construction forecastedgreen construction forecasted

Growth in rebuilding greenGrowth in rebuilding green LEED certification: Leadership in Energy and LEED certification: Leadership in Energy and

Environmental Design program sponsored by Environmental Design program sponsored by U.S. Green Building CouncilU.S. Green Building Council

Insurers began writing “green coverage” in Insurers began writing “green coverage” in 20062006

Policies cover re-certification of formerly Policies cover re-certification of formerly “green” buildings“green” buildings

Homeowner policies that allow for rebuilding to Homeowner policies that allow for rebuilding to meet green building standardsmeet green building standards

Green Reputation Coverage – see AIG Green Reputation Coverage – see AIG endorsement (greenwashing coverage?)endorsement (greenwashing coverage?)

Coverage for an “adverse green publicity Coverage for an “adverse green publicity event” – negative media reportingevent” – negative media reporting

AIG pays for your “reputation crisis AIG pays for your “reputation crisis consultant” (but AIG designates who that consultant” (but AIG designates who that is)is)

Defense of an “adverse green claim” – Defense of an “adverse green claim” – civil suit demanding monetary or non-civil suit demanding monetary or non-monetary relief alleging your failure to monetary relief alleging your failure to comply with “green building” standardscomply with “green building” standards

Protection from the Sierra Club?Protection from the Sierra Club?

Types of “Green” ClaimsTypes of “Green” Claims

Indoor Air Environment Claims: pollution exclusion Indoor Air Environment Claims: pollution exclusion would apply but not if you purchased the new “Indoor would apply but not if you purchased the new “Indoor Environment Coverage” (also offered by AIG and Environment Coverage” (also offered by AIG and perhaps others)perhaps others)

New Product Liability claims from new and untested New Product Liability claims from new and untested products?products? Use of recycled materials – concrete made from blast furnace Use of recycled materials – concrete made from blast furnace

slag i.e. “fly ash” – isn’t this what is in Chinese drywall?slag i.e. “fly ash” – isn’t this what is in Chinese drywall? Products that fail to live up to the touted “green standard” – Products that fail to live up to the touted “green standard” –

warranty claims, DTPA claims, Magnuson-Moss warranty warranty claims, DTPA claims, Magnuson-Moss warranty claimsclaims

Product degradation due to green useage – cork board Product degradation due to green useage – cork board flooring near moisture sources such as water fountains/office flooring near moisture sources such as water fountains/office kitchens resulting in water damage or mold growthkitchens resulting in water damage or mold growth


Design defect and installation claimsDesign defect and installation claims Altering construction processes to go green-Altering construction processes to go green-

adverse performanceadverse performance Martin and Polk County courthouses in Florida-Martin and Polk County courthouses in Florida-

increased outdoor air influx caused massive mold increased outdoor air influx caused massive mold damagedamage

Remember what happened with EFIS!Remember what happened with EFIS! Return of the “sick building” claims – use of Return of the “sick building” claims – use of

untested materials or using traditional untested materials or using traditional materials in non-traditional waysmaterials in non-traditional ways


Problems arising from a lack of qualified Problems arising from a lack of qualified contractorscontractors

Professional liability of engineers and Professional liability of engineers and architects for certifying a building as architects for certifying a building as being “green” – potential exclusion from being “green” – potential exclusion from coverage due to exclusion of claims for coverage due to exclusion of claims for breach of warrantybreach of warranty

For more see:For more see:

Industry report by Marsh, “The Green Industry report by Marsh, “The Green Built Environment in the United States: Built Environment in the United States: The State of the Insurance Marketplace”The State of the Insurance Marketplace”

T. Sky Woodard and Erin C. Miller, T. Sky Woodard and Erin C. Miller, “Green Expectations: New Risks for “Green Expectations: New Risks for Manufacturers Take Root” Manufacturers Take Root” For the For the DefenseDefense, (December 2009) p. 44, (December 2009) p. 44

An Inconvenient Truth:An Inconvenient Truth:Global Warming Lawsuits are HereGlobal Warming Lawsuits are Here

Fifth Circuit remands “global warming” case for Fifth Circuit remands “global warming” case for enhanced Katrina damages following dismissal enhanced Katrina damages following dismissal see Ned Comer, et al v. Murphy Oil USA et al,see Ned Comer, et al v. Murphy Oil USA et al, (5(5thth Cir. 10-16-2009) Cir. 10-16-2009)

Suit alleges defendants activities caused Suit alleges defendants activities caused emission of greenhouse gases that contributed emission of greenhouse gases that contributed to global warming that in turn made Katrina to global warming that in turn made Katrina more ferocious causing private and public more ferocious causing private and public property damageproperty damage


55thth Circuit holds Plaintiffs have standing to sue Circuit holds Plaintiffs have standing to sue

Court relied upon Court relied upon U.S. Supreme Court decision U.S. Supreme Court decision in Massachusetts v. EPAin Massachusetts v. EPA, 549 U.S. 497 (2007) , 549 U.S. 497 (2007) – suit brought against EPA for failure to – suit brought against EPA for failure to regulate greenhouse gas emissions allegedly regulate greenhouse gas emissions allegedly leading to rising strength of hurricanes. The leading to rising strength of hurricanes. The high 9 also recognized the impact of Katrina is high 9 also recognized the impact of Katrina is arguably a result of this causal link.arguably a result of this causal link.


Note these are standing cases and Plaintiffs Note these are standing cases and Plaintiffs must still overcome the Daubert or “scientific must still overcome the Daubert or “scientific evidence” issues on causation that exist.evidence” issues on causation that exist.

The EPA officially ruled that greenhouse gases The EPA officially ruled that greenhouse gases are a public health threat under the Clean Air are a public health threat under the Clean Air Act on December 7Act on December 7thth – what will come next?? – what will come next??


Coverage Issues are Abundant:Coverage Issues are Abundant:

Not an occurrence-expected/intended Not an occurrence-expected/intended provisionprovision

Loss in progress ruleLoss in progress rule

Pollution exclusionPollution exclusion

For More See:For More See:

Max H. Stern and Jessica E. La Londe, Max H. Stern and Jessica E. La Londe, “Keep it Cool: Potential Coverage “Keep it Cool: Potential Coverage Defenses to “Global Warming” Lawsuits, Defenses to “Global Warming” Lawsuits, Coverage” Coverage” ABA Litigation SectionABA Litigation Section Vol. Vol. 19, Number 4, p3, (July/August 2009)19, Number 4, p3, (July/August 2009)

Internet LiabilityInternet Liability

Privacy LiabilityPrivacy Liability Publication of personal informationPublication of personal information No right through employment?No right through employment? Failure to keep data secureFailure to keep data secure Potential Exposure for LawyersPotential Exposure for Lawyers

Network Security LiabilityNetwork Security Liability

Internet LiabilityInternet Liability

DefamationDefamation Outing the BloggersOuting the Bloggers

Bloggers Liability for Endorsing Products Bloggers Liability for Endorsing Products or Services (New FTC Rules)or Services (New FTC Rules)

Technology E&O ClaimsTechnology E&O Claims Traditional Coverage: Personal Injury Traditional Coverage: Personal Injury

LiabilityLiability Web Liability CoverageWeb Liability Coverage

Invasion of Privacy ClaimsInvasion of Privacy Claims

Intrusion of seclusionIntrusion of seclusion Name or likeness appropriationName or likeness appropriation Publication of private facts (traditional cause of Publication of private facts (traditional cause of

action)action) See Cain v. Hearst CorporationSee Cain v. Hearst Corporation, 878 S.W.2d , 878 S.W.2d

577,578 (Tex. 1994)577,578 (Tex. 1994)

Placing private information on the internet is Placing private information on the internet is enough to satisfy the publication element of the enough to satisfy the publication element of the cause of actioncause of action

Invasion of Privacy Invasion of Privacy ClaimsClaims

Is there an internet exception to the publication Is there an internet exception to the publication requirement?requirement?

(6 views) – Minnesota “Rotten Candy” case – (6 views) – Minnesota “Rotten Candy” case – 33rdrd person sets up myspace profile with person sets up myspace profile with Plaintiff’s photo and personal informationPlaintiff’s photo and personal information

Restatement Torts (Second) Sec. 652D Restatement Torts (Second) Sec. 652D Comment a: “it is not an invasion of privacy to Comment a: “it is not an invasion of privacy to communicate a fact…to a single person, or communicate a fact…to a single person, or even to a small group of people.”even to a small group of people.”


Defendant emailed photos he took of his Defendant emailed photos he took of his ex-girlfriend (from a threesome) to her ex-girlfriend (from a threesome) to her mother, ex-husband and ex-in laws as mother, ex-husband and ex-in laws as well as her employer. Held – half dozen well as her employer. Held – half dozen or so emails was enough to be or so emails was enough to be considered a publicationconsidered a publication Peterson v. MoldofksyPeterson v. Moldofksy, 2009 WL 3126229 , 2009 WL 3126229

(D. Kan. September 29, 2009)(D. Kan. September 29, 2009)


Intrusion upon seclusion: Intrusion upon seclusion: Steinbach v. Steinbach v. Village of Forest ParkVillage of Forest Park, 2009 WL 2605283 , 2009 WL 2605283 (N.D. Ill. Aug. 25, 2009)(N.D. Ill. Aug. 25, 2009)

Accessing another persons emails and Accessing another persons emails and forwarding to others (suit included as forwarding to others (suit included as defendant an IT professional employed defendant an IT professional employed by the employer)by the employer)


Unauthorized prying into plaintiff’s Unauthorized prying into plaintiff’s seclusionseclusion

Intrusion would be highly offensive to Intrusion would be highly offensive to reasonable personreasonable person

Matter intruded upon was privateMatter intruded upon was private Intrusion caused Plaintiff to sufferIntrusion caused Plaintiff to suffer


Federal Wiretap Act and Stored Federal Wiretap Act and Stored Communications Act – employer not Communications Act – employer not exempt where the actual internet provider exempt where the actual internet provider was an outside entitywas an outside entity

Cloud computing rather than in house Cloud computing rather than in house hosting of email service opens employers hosting of email service opens employers to potential liability – loss of “no to potential liability – loss of “no expectation of privacy” defenseexpectation of privacy” defense


Electronic Communication Privacy Act Electronic Communication Privacy Act (18 U..S.C. 2511) B(18 U..S.C. 2511) Brahmana v. Lembo,rahmana v. Lembo, 2009 WL 1424438 (N.D. Cal. May 20, 2009 WL 1424438 (N.D. Cal. May 20, 2009)2009)

Suit alleging employer violated the act using Suit alleging employer violated the act using a keylogger to intercept username and a keylogger to intercept username and password for Plaintiff’s personal email password for Plaintiff’s personal email accountaccount


Divorce Spywear: Divorce Spywear: Becker v. TocaBecker v. Toca, 2008 , 2008 WL 4443050 (E.D. La. Sept. 2008)WL 4443050 (E.D. La. Sept. 2008)

Plaintiff’s ex-wife installed a Trojan Horse on Plaintiff’s ex-wife installed a Trojan Horse on home computer and office computers that home computer and office computers that could steal passwords and send to a remote could steal passwords and send to a remote computer.computer.


Are IP addresses private? Are IP addresses private?

State of New Jersey v. Shirley ReidState of New Jersey v. Shirley Reid (N.J. (N.J. Sup. 2008)Sup. 2008) ISP violated internet users’ right to privacy ISP violated internet users’ right to privacy

by turning over user account information by turning over user account information based upon an invalid subpoenabased upon an invalid subpoena

Liability for Loss of Client’s Liability for Loss of Client’s Personal informationPersonal information

Randolph, et al v. ING Life Insurance and Ann. Randolph, et al v. ING Life Insurance and Ann. Co.,Co., 2009 D.C. App. LEXIS 23 (2009). 2009 D.C. App. LEXIS 23 (2009).

Laptop stolen from ING employee’s home which had Laptop stolen from ING employee’s home which had personal information of 13,000 perople in an personal information of 13,000 perople in an employer’s 401k plan on it. Held – no standing on employer’s 401k plan on it. Held – no standing on invasion of privacy and negligence claims as fear of invasion of privacy and negligence claims as fear of future harm was not an “injury”.future harm was not an “injury”.

Red Flags Privacy RuleRed Flags Privacy Rule

Lawyers dodge a bulletLawyers dodge a bullet

New regulations adopted by FTC under Fair and New regulations adopted by FTC under Fair and Accurate Credit Transactions Act of 2003 requires Accurate Credit Transactions Act of 2003 requires implementing programs to identify, detect and implementing programs to identify, detect and respond to warning signs of identity theft.respond to warning signs of identity theft.

FTC interpreted to include lawyers and law firmsFTC interpreted to include lawyers and law firms

ABA brings suit and successfully challenged FTC’s ABA brings suit and successfully challenged FTC’s authority to include lawyersauthority to include lawyers

Bloggers Beware!Bloggers Beware!

DefamationDefamation Eric Albritton v. Cisco Systems, IncEric Albritton v. Cisco Systems, Inc., ., et alet al (E.D. Tex. Tyler Div.) (E.D. Tex. Tyler Div.) Patent Toll Tracker blogger sued for defamation by Plaintiff’s Patent Toll Tracker blogger sued for defamation by Plaintiff’s

counsel in IP case. Blog was only open to invited userscounsel in IP case. Blog was only open to invited users

Trial Court: “posts are capable of both innocent Trial Court: “posts are capable of both innocent hyperbole and defamatory insinuation” therefore, jury is hyperbole and defamatory insinuation” therefore, jury is to decideto decide

Result: confidential settlement after 4 days of trial Result: confidential settlement after 4 days of trial beginning September 15, 2009 in Tylerbeginning September 15, 2009 in Tyler

Deceptive PracticesDeceptive Practices

FTC to regulate bloggers touting FTC to regulate bloggers touting products and services through new products and services through new guidelinesguidelines

Bloggers must disclose any freebies or Bloggers must disclose any freebies or payments they receive for reviewing a payments they receive for reviewing a company’s productscompany’s products

Outing BloggersOuting Bloggers

See – Brendan L. Smith, “Meet John See – Brendan L. Smith, “Meet John Doe: Internet Defamation Plaintiff’s are Doe: Internet Defamation Plaintiff’s are Itching for the Chance” Itching for the Chance” ABA JournalABA Journal, , (January, 2010) p15(January, 2010) p15

Battle over protection of anonymous Battle over protection of anonymous speech under First Amendmentspeech under First Amendment

Coverage for Internet Coverage for Internet LiabilityLiability

Homeowner’s PoliciesHomeowner’s Policies Personal Injury Liability CoveragePersonal Injury Liability Coverage

““Personal Injury” means:Personal Injury” means: LibelLibel SlanderSlander Defmation of characterDefmation of character Invasion of rights of privacyInvasion of rights of privacy humiliationhumiliation

““Occurrence” means:Occurrence” means: An event of series of events…. Which results in An event of series of events…. Which results in personal personal

injuryinjury, not expected or intended from the standpoint of the , not expected or intended from the standpoint of the insured.insured.

Coverage for Internet Coverage for Internet Liability - ExclusionsLiability - Exclusions

Coverage for Personal Liability does not apply Coverage for Personal Liability does not apply to:to:

Injury “expected or intended by the insured”Injury “expected or intended by the insured”

Question: If invasion of privacy is an intentional tort, Question: If invasion of privacy is an intentional tort, does the policy exclusion make the policy does the policy exclusion make the policy ambiguous?ambiguous?

Bailer v. Erie Ins. Exch.,Bailer v. Erie Ins. Exch., 687 A.2d 1375 (Md. 1997); 687 A.2d 1375 (Md. 1997); Lineberry v. State Farm Fire & Cas. Co.,Lineberry v. State Farm Fire & Cas. Co., 885 F. 885 F. Supp. 1095, 1099 (M.D. Tenn. 1995).Supp. 1095, 1099 (M.D. Tenn. 1995).


Trinity Universal Ins Co. V. CowanTrinity Universal Ins Co. V. Cowan, 945 S.W.2d , 945 S.W.2d 819 (Tex. 1997) – 819 (Tex. 1997) – Gage’s conduct was not an accident because Gage’s conduct was not an accident because the injury to Cowan, the invasion of her the injury to Cowan, the invasion of her privacy, is of a type that “ordinarily follows”privacy, is of a type that “ordinarily follows”

“ “Nor did Gage negligently invade Cowan’s Nor did Gage negligently invade Cowan’s privacy, he intentionally made copies of the privacy, he intentionally made copies of the photographs and showed them to his friends” photographs and showed them to his friends” Id at 828Id at 828


Tanner v. NationwideTanner v. Nationwide, 289 S.W.3d 828 – , 289 S.W.3d 828 – fact that insured engages in intentional fact that insured engages in intentional conduct will not preclude coverage where conduct will not preclude coverage where there was no intent to injurethere was no intent to injure

Commercial Liability Commercial Liability PoliciesPolicies

‘‘Personal and advertising injury” means Personal and advertising injury” means injury…. Arising out of one or more of the injury…. Arising out of one or more of the following offenses:following offenses: d. Oral or written publication of material that d. Oral or written publication of material that

slanders or libels a person or organization or slanders or libels a person or organization or their good, products or services;their good, products or services;

e. Oral or written publication of material that e. Oral or written publication of material that violates a person’s right of privacyviolates a person’s right of privacy

Commercial Liability Commercial Liability Policies- ExclusionsPolicies- Exclusions

A. A. Knowing Violation of Rights of AnotherKnowing Violation of Rights of Another– – caused by or at the direction of the insured with caused by or at the direction of the insured with the knowledge that the act would violate the the knowledge that the act would violate the rights of another rights of another andand would inflict “personal would inflict “personal and advertising injury.”and advertising injury.”

B. B. Material Published With Knowledge of Material Published With Knowledge of FalsityFalsity – publication of material, if done by or – publication of material, if done by or at the direction of the insured with knowledge at the direction of the insured with knowledge of its falsity of its falsity


J. Insureds in Media and Internet J. Insureds in Media and Internet Type BusinessesType Businesses No coverage if you are in the business of:No coverage if you are in the business of:

Advertising, broadcasting, publishing or Advertising, broadcasting, publishing or telecastingtelecasting

Designing or determining website content for Designing or determining website content for others, orothers, or

Internet search, access, content or service Internet search, access, content or service providerprovider


K. Electronic Chatrooms or Bulletin K. Electronic Chatrooms or Bulletin BoardsBoards Arising out of chatroom or bulletin board Arising out of chatroom or bulletin board

you host, own or exercise control.you host, own or exercise control.

No coverage for intrusion upon seclusion-No coverage for intrusion upon seclusion-eavesdropping, intercepting private eavesdropping, intercepting private communication – communication – there has most likely there has most likely been no publicationbeen no publication

Web Xtend Liability Web Xtend Liability Endorsement to CGLEndorsement to CGL

““Web site injury” caused by an offense Web site injury” caused by an offense committed in course of visual or audio committed in course of visual or audio presentation of material on your “web presentation of material on your “web site” or in the numerical expression of site” or in the numerical expression of computer code used to enable your “web computer code used to enable your “web site”.site”.

Web Xtend Liability Web Xtend Liability Endorsement to CGLEndorsement to CGL

Adds replacement definition of personal injury:Adds replacement definition of personal injury: Injury arising out of:Injury arising out of:

e. Oral, written or electronic publication of material that e. Oral, written or electronic publication of material that appropriates a persons likeliness, unreasonably places a appropriates a persons likeliness, unreasonably places a person in a false light or gives unreasonable publicity to a person in a false light or gives unreasonable publicity to a person’s private life.person’s private life.

““Your web site” means all computer files and data which Your web site” means all computer files and data which may be accessed via the internet using a Universal may be accessed via the internet using a Universal Resource Locator that includes any domain name owned Resource Locator that includes any domain name owned or assigned by you.or assigned by you.

EXCLUSION OF COMPUTER SOFTWARE ERRORS EXCLUSION OF COMPUTER SOFTWARE ERRORS AND OMMISIONS FOR PROPERTY DAMAGE OR AND OMMISIONS FOR PROPERTY DAMAGE OR PERSONAL INJURYPERSONAL INJURY

Thank you!Thank you!

Nicholas E. ZitoNicholas E. ZitoRAMEY, CHANDLER, MCKINLEY & ZITO, P.C.RAMEY, CHANDLER, MCKINLEY & ZITO, P.C.

750 Bering Drive, Suite 600750 Bering Drive, Suite 600Houston, Texas 77057Houston, Texas 77057

(713) 266-0074(713) [email protected]

A copy of this presentation maybe accessed A copy of this presentation maybe accessed from our websitefrom our website

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