RECENT DEVELOPMENTS
An enhanced settlement has been negotiated by Representative Counsel.
The enhanced settlement as been approved by the Ontario Superior Court of Justice, but remains subject to approval from the United States Bankruptcy Court and is not yet firm and binding.
The Ontario Superior Court of Justice granted approval of the settlement on December 13, 2009. The Court issued reasons for the approval on January 8, 2010.
Click Here to Read Court Order
Click Here to Read Court Reasons
The deadline for submitting claim forms was December 31, 2009.
Claim forms were required to be filed with the Claims Agent, Rust Consulting, Inc., by no later than 5:00 p.m. on December 31, 2009.
If you have already submitted a claim form, it is not necessary for you to re-file/resubmit.
If you have not filed a claim form, we see no downside in you doing so even though the claim deadline of December 31, 2009 has passed.
Note, however, that recognition of claim forms is beyond our control and we are unable to assist in the event that the claims agent takes the position that a late claim form is invalid as out of time.
Claim forms were to be sent to the Claims Agent at:
BY MAIL:
Rust Consulting, Inc.
Claims Processing Agent
Re: W. R. Grace & Co. Bankruptcy
P.O. Box 1620
Faribault , MN
United States of America
55021-1620
The Canadian ZAI settlement fund has been enhanced from $6.5 million to more than $8 million.
Note again that the settlement is not yet firm and binding and remains subject to U.S. Court approval and conditional upon approval of a Plan of Reorganization of Grace through the United States Bankruptcy Court.
SETTLEMENT OF CLAIM
This claim has been settled in favour of all Canadian ZAI Person Injury (“PI”) and Property Damage (“PD”) claimants. Further information regarding the settlement is available below and at www.graceclaims.com. We recommend that you review the material here and on the Grace claims website. The claim adjudication process and qualifying criteria have not yet been established. It is contemplated that claimants who can prove the existence of ZAI in their home and that costs were incurred to seal or remediate will be entitled to compensation.
FREQUENTLY ASKED QUESTIONS & ANSWERS
Why did I receive this package?
You received an information package because the building at the address to which this package was mailed has been identified as possibly having been insulated with Zonolite Attic Insulation (“ZAI”). You might not have ZAI and, even if you do, not all ZAI contains asbestos. Just because you received the package does not necessarily mean that you have a claim. The package simply provides you with information to assist in determining whether you have a claim or not.
How was my property identified as one which might have been insulated with ZAI?
Grace was required to provide names and addresses of all persons or entities known to it who may have Canadian ZAI PD Claims. Some names were generated from Grace’s own business records and some were provided by the lawyers acting for Canadian claimants (Representative Counsel). Other information was provided by the Crown (the Attorney General of Canada on behalf of Her Majesty the Queen in right of Canada) pursuant to an Order of the Court.
How did this all come about?
ZAI is a loose-fill, non-roll vermiculite home attic insulation which may contain naturally-occurring asbestos. It was sold from approximately the 1920s to 1984. It was sold or manufactured by W.R. Grace & Co. (“Grace”) under the brand name of “Zonolite Attic Insulation” and by others under various names including Attic Fill, House Fill, Home Insulation, Zonolite Insulating Fill, Econofill, Quiselle Insulating Fill, Sears Micro Fill, Ward's Mineral Fill, Wickes Attic Insulation, Cashway Attic Insulation, Attic Plus, Unifil, and Mica Pellets Attic Insulation. The granules are shaped like a small nugget and expanded like an accordion and may have a silvery, gold translucent or brownish colour. After years in the attic, the granules may darken to black or grey. ZAI may be found underneath insulation that was installed later on. It was determined that the Zonolite Attic Insulation may include asbestos. A number of lawsuits were commenced. Grace and its related companies filled for bankruptcy protection under Chapter 11 of the United States Bankruptcy Code. The companies also received Court protection in Canada under the provisions of the Companies Creditors Arrangements Act (“CCAA”). A settlement was entered into to pay valid Canadian ZAI claims. Canadian ZAI property damage claims (“Canadian ZAI PD”) claims will be paid from a fund established in Canada. Canadian ZAI PD claims are required to be filed by December 31, 2009.In addition, Canadian ZAI personal injury claims (“Canadian ZAI PI claims”) will be channelled to a U.S. trust and valid claims will be paid by the trust pursuant to trust distribution procedures. The package you have received relates to Canadian ZAI PD claims. Canadian ZAI PD claims relate only to property located in Canada and do not include claims related to personal injury. If you believe you have a Canadian ZAI PD claim, you must file a proof of claim form by no later than December 31, 2009. The form must be filed with the Claims Agent at:
Rust Consulting, Inc.
Claims Processing Agent
Re: W. R. Grace & Co. Bankruptcy
P.O. Box 1620
Faribault , MN 55021-1620
How do I know if I have a claim?
CDN ZAI PD Claims are claims that relate to the cost of abatement or removal, diminution of property value or other economic loss allegedly caused by ZAI manufactured by Grace and installed in homes and buildings located in Canada. ZAI is a loose-fill, non-roll vermiculite home attic insulation, which may contain naturally occurring asbestos. It was sold from the 1920/1930s to 1984. ZAI may have a glittery granular appearance. The granules are shaped like a small nugget and expanded like an accordion and may have a silvery, gold translucent or brownish cast. After years in the attic, the granules may darken to black or gray. ZAI may be found underneath subsequently installed insulation of other types such as rolled fiberglass insulation. A more detailed description of CDN ZAI PD Claims is included in the Bar Date Notice package.
You have a claim if:
- you can prove that your house is or was insulated with ZAI; that you undertook measures and incurred or assumed costs to indentify and prove the existence of ZAI, and to remediate the house (seal or renovate) to avoid possible adverse affects to occupants and others of exposure to ZAI. you incurred or assumed costs of identifying ZAI and/or costs of other measures undertaken to remediate the house to avoid possible adverse affects of exposure to ZAI; and
- other criteria as may be agreed upon between Representative Counsel and the claims administrator, which criteria will be developed after approval of a Grace Plan of Reorganization in the context of the U.S. Bankruptcy proceedings.
If you think you have a CDN ZAI PD Claim, you must submit your claim by December 31, 2009. This bar date only relates to CDN ZAI PD Claims. If you have a different type of claim, or if you have a ZAI Claim for property located in the United States, you are not subject to this bar date. If you still are unsure whether you should file a claim now, you may wish to contact a lawyer at your own expense or contact Representative Counsel, who have been appointed by the Canadian Court to represent the interests of Canadian ZAI Claimants in the U.S. bankruptcy case. Their contact information is as follows:
Michel Bélanger
Lauzon Belanger, Inc.
286 Saint-Paul West
Montreal ( Quebec) H2Y 2A3
Telephone: (514) 844-3037
Facsimile: (514) 844-7009
Website: www.lauzonbelanger.qc.ca
mbelanger@lauzonbelanger.comand
David Thompson
Matthew Moloci
Scarfone Hawkins LLP
One James Street South, 14th Floor
P.O. Box 926, Depot 1
Hamilton Ontario, Canada L8N 3P9
Telephone: (905) 523-1333
Facsimile: (905) 523-5878
Websites: www.shlaw.ca or www.classactionlaw.ca
thompson@shlaw.ca
moloci@shlaw.ca
How do I file a claim?
You file a claim by completing the Canadian ZAI PD Proof of Claim form enclosed with the package mailed to you. If you do not have a copy of the claim form, you can obtain it along with the complete package by downloading from the website at www.graceclaims.com.
If you are not certain as to whether or not you have a claim but believe that your home is insulated with ZAI and that you have a possible claim, you should preserve your claim by filing a claim form by no later than December 31, 2009. If you do not presently have available to you all back-up documentation and information, you should consider filing a completed Proof of Claim form now with back-up documentation and support to follow.
What is a bar date?
The bar date is the date set by the Court as the date by which all persons and entities who have claims against the Debtors must file proofs of claim or be forever barred from asserting any such claims against the Debtors. The claims that must be filed by December 31, 2009 are CDN ZAI PD Claims as defined in the Bar Date Notice.
What is ZAI?
ZAI is a loose-fill, non-roll vermiculite home attic insulation, which may contain naturally-occurring asbestos. It was sold from the 1920/1930s to 1984. Zonolite may have a glittery granular appearance. The granules are shaped like a small nugget and expanded like an accordion and may have a silvery, gold translucent or brownish cast. After years in the attic, the granules may darken to black or gray. Zonolite may be found underneath subsequently installed insulation of other types such as rolled fiberglass insulation.
If I look in my attic and see what I think is ZAI, should I send in a sample?
No. You are not required to send in samples of ZAI. You need only answer the questions and provide any backup documentation that you may have to the questions asked on the ZAI Proof of Claim form.
Warning: please note that ZAI can be dangerous if disturbed. If you are not certain if you have ZAI in your home, you should seriously consider retaining an expert to carry-out an inspection. You should be very careful not to disturb the ZAI or otherwise expose yourself or others to it. Does this include claims for personal injury related to ZAI?
No. The Canadian ZAI Bar Date involves only Canadian ZAI PD claims such as the cost of abatement or removal, diminution of property value or other economic loss allegedly caused by ZAI.
What if I have an asbestos-related personal injury claim?
Under the settlement involving Canadian ZAI claims, all Canadian ZAI PI claims will be channelled to a U.S. trust for payment under a Plan of Reorganization. The final version of the Plan of Reorganization has not yet been approved by the Court. If you have additional question regarding asbestos-related personal injury claims, you should contact Representative Counsel as listed above.
What happens if I don't send in a claim?
If you meet the definition for a CDN ZAI PD Claim as described in the General Instructions included with the Bar Date Notice, and you do not submit a claim by December 31, 2009 to the Claims Agent, your claim will be barred under the settlement of Canadian ZAI Claims for any potential future recovery from the Canadian payment fund (the “CDN ZAI PD Claims Fund”).
What is the filing deadline?
The bar date by which all CDN ZAI PD Claims must be filed is December 31, 2009.
I have already filed a claim with Grace (or a lawyer), do I have to complete another form?
If you filed a proof of claim for another type of claim in the bankruptcy case unrelated to CDN ZAI PD Claims, you must file a new claim only if your new claim is a CDN ZAI PD Claim. Also, if you previously filed a CDN ZAI PD Claim using an Official Form 10 or any other proof of claim form, such as the U.S. ZAI proof of claim form, you must re-file your claim using the approved CDN ZAI PD Proof of Claim Form on or before December 31, 2009. A CDN ZAI PD Claim must be filed on the court-approved CDN ZAI PD Proof of Claim Form.
How do I receive a Bar Date Notice Package if I have not received one?
You can download a copy of the bar date materials from the website at http://www.graceclaims.com/q-a.shtml. or call the Claims Agent at 877-465-4817 to have the materials mailed to you.
In which languages can I receive a Bar Date Notice Package and in which languages can I submit a ZAI Proof of Claim?
The Bar Date Notice Package is available in English, French, and Inuktitut. You can submit your claim in English or French.
My lawyer has all of my information. Can he/she submit the form?
If a lawyer represents you, you can have him or her submit your claim. However, you should contact your lawyer to make sure he/she has the appropriate court-approved Claim Form that relates to your claim and you should make sure your claim is properly and fully completed and submitted by the December 31, 2009 bar date.
How do I know if my attic insulation is ZAI and related to Grace?
ZAI is a loose-fill, non-roll vermiculite home attic insulation. It was sold from the 1920/1930s to 1984, and it may have a glittery granular appearance. The granules are shaped like a small nugget and expanded like an accordion and may have a silvery, gold translucent or brownish cast. After years in the attic, the granules may darken to black or gray. It may also be found underneath subsequently installed insulation of other types such as rolled fiberglass insulation. In addition, it was sold under various brand names including: Zonolite Attic Insulation, Attic Fill, House Fill, Home Insulation, Zonolite Insulating Fill, Econofil, Quiselle Insulating Fill, Sears Micro Fill, Ward's Mineral Fill, Wickes Attic Insulation, Cashway Attic Insulation, Attic Plus, Unifil, and Mica Pellets Attic Insulation. Warning: please note that ZAI can be dangerous if disturbed. If you are not certain if you have ZAI in your home, you should seriously consider retaining an expert to carry-out an inspection. You should be very careful not to disturb the ZAI or otherwise expose yourself or others to it.
I can't get copies of the documents related to my claim by the bar date. What should I do?
The Claim Form allows you to attach additional documentation in support of your claim. You must submit your claim no later than December 31, 2009. If you do not have supporting documentation and information, you should file your claim by December 31st and then file a supplementary claim with your backup supporting documentation and information as soon as you receive it.
How will I know if my claim will be paid?
The settlement entered into between Grace, Representative Counsel and certain other parties has been approved by the Canadian Court. Payment under the settlement to the CDN ZAI PD Claims Fund for the payment of CDN ZAI PD Claims will be made on the effective date of the Debtor’s Plan of Reorganization. A claims administrator will then administer the CDN ZAI PD Claims Fund and make payments pursuant to certain procedures set forth in the settlement agreement for valid CDN ZAI PD Claims. At this time, there has been no plan confirmed by the Court. It is unclear when the Plan of Reorganization will become effective, however, we hope that will occur early in 2010.
When will I get paid?
The date of payment of claims will be set after a Plan of Reorganization is approved by the U.S. Court.
Do I need a lawyer?
You may choose to retain a lawyer, however, you are not required to do so in order to file a claim. If you do retain a lawyer on your own, you will be responsible for that cost. You can also contact Representative Counsel appointed by the Canadian Court to represent the interests of Canadian ZAI Claimants. Contact information is listed above.
Overview of Claim
Various lawsuits have been issued in several Provinces in Canada and a number of States in the United States of America naming W.R. Grace & Co. and Grace, Canada Inc. (the "Grace Companies") as Defendants, along with other Defendants.The Grace Companies are alleged to have marketed, sold, processed, manufactured, distributed and/or delivered products containing asbestos in Canada and the United States. These products include Zonolite Attic Insulation ("ZAI").A number of the lawsuits were brought under the Class Proceedings Acts, of the different Provinces and States, on behalf of persons who were exposed to asbestos as a result of the installation of ZAI in their homes.The Grace Companies are under Court protection and accordingly, the various lawsuits against Grace have been managed and dealt with in Ontario by the Honourable Mr. Justice Farley, on the Ontario Superior Court of Justice, Commercial Division, pursuant to the Companies' Creditors Arrangement Act, R.S.C. 1985, c. C-36, as amended.In the United States of America, the process is being handled by the United States Bankruptcy Court pursuant to Chapter 11.Pursuant to the Order of the Honourable Mr. Justice Farley dated February 8, 2006, our firm, (Scarfone Hawkins LLP) along with co-counsel Lauzon Belanger were appointed to act as Representative Counsel on behalf of all persons who have, or at any time in the future may have, a claim arising out of or in any way connected to damages or loss suffered, directly or indirectly, from the manufacture, sale or distribution of ZAI products in Canada (the "Canadian Claimants"), by the Grace Companies or any of W.R. Grace & Co., and all of its subsidiaries (the "U.S. Debtors") as well as certain other Affiliated Entities ( as defined in the Order of the United State Bankruptcy Court made on January 22, 2002, as amended).We are actively pursuing these claims along with our co-counsel, Lauzon Belanger.It is estimated by the Canadian Federal Government that approximately 250,000 homes in Canada were insulated with ZAI.If you have not already contacted us, we would appreciate hearing from you as it may assist us in pursuing this claim. You may contact us by e-mail, telephone, mail, courier, fax, etc.
|
