For several years, Stutman Law has actively negotiated with counsel involved in the Kitec class action settlement regarding the claims process applicable to subrogated insurance carriers. Stutman Law has also sought judicial intervention on behalf of the insurance industry concerning the claims process. The Firm’s efforts have paid off, as a new, carrier-specific claim form was recently approved by three different courts and may now be used by insurers to submit reimbursement claims for property damage to the Kitec class action settlement administrator. Stutman Law’s efforts have resulted in a victory for the entire subrogation industry.
By way of background, the Kitec class action concerns the premature failure of Kitec plumbing products sold by IPEX, Inc. and certain of its subsidiaries. Class action lawsuits concerning Kitec plumbing systems were filed in the United States District Court for the Northern District of Texas – Dallas Division (“US Action”),[1] as well as Superior Courts in Ontario and Quebec (“Canadian Actions”). A multi-district settlement was approved by the US and Canadian courts in 2011.[2] Stutman Law became involved in the U.S. Action prior to the final approval of the settlement, advocating for the interest of subrogated insurers with respect to the claims process. Stutman Law contended that the court-approved claim form and process was structured so as to effectively prevent insurers from having their claims accepted and paid.
Following extended, in-depth discussions with Stutman Law’s attorneys, class counsel and defense counsel agreed to the use of a new claim form specifically tailored to subrogated insurers. The new form requests information and documentation typically obtainable by insurers, as well as less onerous release language than that contained within the original claim form. This new claim form was recently approved by the U.S. District Court overseeing the U.S. Action, as well as both Canadian courts.
Stutman Law is now utilizing the new claim form to submit our clients’ claims and required documentation to the settlement administrator. Eligible claims include those involving the failure of Kitec brass components, fittings and/or water pipes. All claim forms must be completed and submitted by January 9, 2020 in order to be considered for payment pursuant to the terms of the settlement.
For assistance determining whether your company has an eligible Kitec claim and/or assembling the documentation necessary to submit a claim to the settlement administrator, please contact Dirk Pastorick or Robert Stutman at Stutman Law.
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[1] In re: Kitec Plumbing Systems Products Liability Litigation, No. 09-MD-2098 (N.D. Tex.).
[2] See http://www.kitecsettlement.com.