General Information
Case Specifics

What are the terms of the settlements?
The settlements make available approximately $70 million for the repair of leaking ABS pipe by the five defendant manufacturers during the relevant years, and for the repair of property damage caused by such leaking ABS pipe.

What is a Class Action?
A class action is a type of lawsuit in which one or a few named plaintiffs bring suit on behalf of all the members of a similarly situated group to recover damages for all members of the group, without the necessity of each member filing an individual lawsuit or appearing as an individual plaintiff. Class actions are used by courts where the claims raise basic issues of law or fact that are common to all members of the class, thereby making it fair to bind all class members to the orders and the judgment in the case, without the necessity of hearing essentially the same claims over and over. Use of the class action eliminates the necessity of filing multiple lawsuits, and assures that all class members are bound by the results of a single lawsuit.

Who is eligible?
Under the proposed settlements, every class member with qualifying ABS pipe made by the defendant manufacturers during the relevant years will qualify for a pipe repair and/or for reimbursement for already completed repairs. The various settlements create an administrative structure that will oversee distribution of the settlement funds.

What if I already replaced my damaged pipe?
If qualifying pipe has already been repaired or replaced, you may seek reimbursement, with adequate proof of repair, unless you have already been reimbursed or have already received a free repair or replacement.

I am a tenant in a building with ABS pipe? Can I file a Claim?
If you are NOT the property owner, you must provide written authorization from the owner granting you authority to file a claim.

I can't read the markings on the pipe; can I still file a claim?
In order to determine if the pipe is included in the Class Action, the code information must be identifiable.

The pipe leaked through the wall and caused additional damage. Is that covered?
In order to be compensated for additional damage, you must indicate the additional damage on the claim form and submit property specific receipts, invoices, and photographs.

What if I had prior litigation with some of the companies involved?
If you or the predecessor owner of your property have engaged in prior litigation which involved ABS pipe at that property that resulted in a settlement, judgement, or dismissal with prejudice, you are not entitled to any additional recovery against a party with whom your claim was previously settled, adjudicated, or dismissed with prejudice.

Similarly, if you have been paid by an insurance carrier or other third party for repair or damages associated with ABS pipe by one or more of the defendant manufacturers, you may not receive duplicative payments from any of the class settlements.

What are the processing timeframes?
Claims are verified in the order received. The approved Chief Plumbing Inspector will contact claimants within 60 to 90 days of the verification of a complete claim.

How will my claim be paid?
The fund administrator will calculate claims according to a list of "reasonable and customary charges" for similar repairs. The fund administrator shall not pay any portion of a claim that exceeds these limits. If your pipes have not been repaired, upon verification of a complete claim we will send a plumber to inspect/repair your pipes, confirming the pipes are covered and have a qualifying leak. The fund administrator may elect to arrange for the repair of leaking ABS pipe, opposed to simply providing monies to class members for such repairs. Reimbursement for prior repairs will be available upon proof of such prior payment for qualifying ABS pipe.

What are the costs involved?
None. If eligible, class members may participate in the appropriate settlement without incurring any out-of-pocket costs.

What if I want additional legal advice?
You may seek advice from Class Counsel or your own private attorney at your own expense.

What must I do if I want to opt-out of the class?
Polaris, Apache, and Amfac were opt-out classes. This is no longer an option. In order to have opted-out of the class, Settlement Class Counsel had to be advised by a letter postmarked no later than April 24, 1998. Now that final approval has been granted and you did not respond, you are a Class member and entitled to all the benefits of the settlements.

Claim Filing

Are you the current property owner?
If yes, attach a copy of your current tax statement and insurance policy. The document supplied must include the names of all of the owners, the property address, and be the most current copy available at the time of claim submission. If no, you must provide a signed letter of authorization from the owner(s) granting you the right to file a claim. The letter must include the names of all parties involved, the property address, a clear statement of intent, signatures of all parties listed, and notarized in order to be valid.

Is the building rented?
If yes and you are the tenant, you must provide a signed authorization from the owner(s) granting authority to file a claim. Refer to the authority letter criteria stated above. If you are the owner of a tenant occupied structure; you must include a separate attachment with the name(s) and telephone number(s) of each tenant or a contact person who can coordinate access of the units with the Chief Plumbing Inspector.

What proof is necessary if the claim being filed is for a Mobile Home?
The proof of ownership must include a Vehicle Identification Number (VIN). If the VIN is not listed on the Property Tax Statement or the Homeowners Insurance, send a copy of the Vehicle Registration for the Mobile Home.

Have you identified ABS pipe in your home manufactured by the defendant manufacturers (Centaur, Phoenix, Gable, Polaris, and Apache)?
If yes, include the code information, number of leak(s), location of leak(s), diameter, and color of printing on the pipe. The identified pipe must be specific as to the number of leak(s) in reference to the location of leak(s).

What if there is related property damage?
A description of the related property damage must include a written description of the damage and attached photographs.

What if the repairs have already been done?
To be compensated for repair of damaged qualifying pipes, you must submit valid property specific receipts for pipe repair. The receipts must indicate the date of repair and the total dollar amount. The receipts must be for actual work completed. A bid is not considered proof. If a receipt cannot be supplied, then a signed statement on letterhead with the license number from the builder/contractor/plumber confirming the property address of the repair and a breakdown of the type of pipe replaced with a dollar will be sufficient.

Polaris Claims Only

I have Polaris Pipe. Do I have to do anything differently?
The Claim Registration Form may not be used to register to make a claim with the Polaris Fund. To obtain a Polaris Claim Form, please contact the Polaris Fund Administrator, at 1-888-644-7473.

What if I have already sent in a claim registration form but it was not the Polaris claim form?
The claim form will be rejected and a Polaris claim form will be sent to you. Any information sent with the incorrect claim form will be appended to the Polaris claim form for you.

Have you identified ABS pipe in you home manufactured by Polaris?
If yes, include the code information, number of leak(s), location of leak(s), diameter, color of printing on the pipe, and a general description of the leaking pipe. The identified pipe must be specific as to the number of leak(s) in reference to the location of leak(s).

What if there is related property damage?
Provide a detailed description of the nature and location of any property damages claimed to be caused by the leaking pipe.

What if the repairs have already been done?
Refer to the leak section of the Polaris claim form and fill out the information completely for each leak previously repaired. Please note: In the case of repairs made prior to July 13, 1998, the printed information and the color of the printing on each piece of Failed Polaris Pipe is only required to the extent it is available to the claimant. Also, if available, attach photographs showing the brand name on the leaking pipe and property damages claimed to be cause by the leaking pipe.

For repairs made after July 13, 1998, the information must be supplied and photographs showing the brand name on the leaking pipe and property damages claimed to be caused by the leaking pipe are required.

To be compensated for repair of damaged Polaris pipes, you must submit the following valid documentation: (1) the itemized repair invoice(s) showing the name, regular hourly rate, and time spent of each person who performed any work and the out of pocket cost of the materials actually used to repair the leaking pipe and any property damage claimed to be caused by such leaking pipe; and (2) proof of payment of the foregoing invoice (e.g., canceled check); and (3) copies of any building, plumbing, or other permits signed by the Building Department showing final completion of the work.

What if I replaced the entire Polaris pipe and I have an invoice for the total?
The documentation submitted must meet the criteria listed above to be considered valid.

What if I repaired my own Polaris pipe?
The documentation submitted must meet the criteria listed above to be considered valid. Labor for self-repair will not be considered in the calculation of compensation.