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  • BASIC INFORMATION
  • (Questions 1 - 6)
  • WHO IS A MEMBER OF THE SETTLEMENT CLASS
  • (Questions 7 - 14)
  • SETTLEMENT PAYMENT BASICS -- HOW IT ALL WORKS
  • (Questions 15 - 29)
  • HOW TO GET A PAYMENT -- SUBMITTING A CLAIM FORM
  • (Questions 30 - 56)
  • THE RIGHT TO APPEAL IF YOUR CLAIM IS DENIED
  • (Questions 57 - 69)
  • THE LAWYERS REPRESENTING YOU
  • (Questions 70 - 72)
  • GETTING MORE INFORMATION
  • (Question 73)
    BASIC INFORMATION
    (Questions 1 - 6)

    In December 2009, CertainTeed Corporation and representatives of owners of buildings on which certain CertainTeed Organic Shingles had been installed reached an agreement concerning a class action settlement. CertainTeed no longer manufactures these shingles; all shingles it has sold after 2005 are fiberglass shingles and are not at issue in this suit. On September 1, 2010, the District Court approved the settlement, which is intended to resolve disputes between the parties about the performance of the shingles. This class action settlement covers the entire United States and Canada.


    In a class action lawsuit, one or more people called “Representative Plaintiffs” sue one or more Defendants on behalf of other people who have similar claims. All these people together are a “Class” or “Class Members.” One Court decides all the issues in the lawsuit for all Class Members, except for those who chose to exclude themselves from the Class by opting out.


    The Representative Plaintiffs alleged that CertainTeed Organic Shingles were subject to premature failure and otherwise did not perform in accordance with the reasonable expectations of users. CertainTeed denied these allegations and asserted that the vast majority of the shingles are free of any defect and will last throughout the warranty period. The proposed Settlement was intended to resolve this dispute. The Court did not decide in favor of either the Class or CertainTeed. The Court’s role in the Settlement was to make sure it was a proper settlement that is fair, reasonable, and adequate for all class members. Important papers from the lawsuit are found on the Case Documents page.


    The Court in charge of this Settlement is the United States District Court for the Eastern District of Pennsylvania. The name of the lawsuit is In re: CertainTeed Corporation Roofing Shingles Products Liability Litigation, MDL Docket No. 1817.


    Rather than proceeding to litigate through a jury trial, both sides in the lawsuit agreed to a Settlement. That way, everyone avoided the cost and risk of a trial, and the members of the Class are eligible to file a claim form for compensation greater than that provided by the original warranty if their shingles are defective.


    No. It is too late to exclude yourself from the Settlement by opting out because the deadline passed on May 11, 2010. If you are a Settlement Class Member, YOU ARE BOUND BY THE COURT’S JUDGMENT IN THIS CASE AND YOU WILL NOT BE PERMITTED TO PURSUE ANY PENDING OR FUTURE LITIGATION ON MATTERS RESOLVED IN THIS SETTLEMENT.


    No, after several hearings, the Court approved the Settlement as fair, reasonable and adequate. Therefore, you no longer have the right to object to the Settlement.


    WHO IS A MEMBER OF THE SETTLEMENT CLASS
    (Questions 7 - 12)


    The shingles that are the subject of this Settlement are organic asphalt shingles manufactured from July 1, 1987 through 2005 under the brand names Hallmark Shangle, Independence Shangle, Horizon Shangle, Custom Sealdon, Custom Sealdon 30, Sealdon 20, Sealdon 25, Hearthstead, Solid Slab, Master Slab, Custom Saf-T-Lok, Saf-T-Lok, and Custom Lok 25.

    However, not all shingles marketed with these brand names were CertainTeed Organic Shingles. The Horizon, Independence, Hallmark, and Hearthstead brands were marketed in both organic and fiberglass formulations. Also, all shingles CertainTeed sold after 2005 are fiberglass shingles. If your shingles are fiberglass, they are not part of this Settlement.


    Unless you excluded yourself from this Settlement by opting out, you’re part of the Settlement if you are a Class Member.

    You are a Class Member if you have owned a building on whose roof, at some time during your ownership of the building, contained CertainTeed Organic Shingles that were manufactured after July 1, 1987, and one of the following applies to you:

    • You were the owner of the building on December 15, 2009;
    • OR
    • You sold the building before December 15, 2009 and, when you sold the building, you retained the legal right to make a claim on the shingles;
    • OR
    • You submitted a warranty claim to CertainTeed that was settled between August 1, 2006 and October 2, 2010.


    Yes. You are not a Class Member even if you fit the Class Member definition if:

    • You excluded yourself from this Settlement by opting out;
    • You previously filed a claim concerning your CertainTeed Organic Shingles in any court of law, and the claim was resolved with a final judgment, whether or not that judgment was favorable to you;
    • You are or were a builder, developer, contractor, manufacturer, wholesaler, or retailer of real estate or real property (except as to personal residences or commercial property that you own or owned);
    • You are a company that owns or is owned by CertainTeed, you are CertainTeed or its successor, or you are an agent of CertainTeed; or
    • You are the Judge in this lawsuit, or a member of the Judge’s immediate family.


    No. To qualify for a payment, you must meet four more criteria:

    • You must submit a complete claims packet to the Claims Administrator prior to the expiration of the warranty period for your shingles.
    • The shingles about which you are filing your claim must meet the definition of Damage as set forth in the Settlement Agreement. Shingles that show blistering, clawing, cracking, curling, cold weather curling, fishmouthing, or spalling as defined in the Settlement Agreement are Damaged.
    • The Damage must occur prior to the end of the shingles’ warranty period.
    • The Damage must be caused by a product defect, not by circumstances beyond CertainTeed’s control such as improper installation or maintenance. In order to deny payment on the ground that the Damage was caused by circumstances beyond its control, CertainTeed must prove that such circumstances principally and directly caused the Damage to the shingles. You must also file a claim before the applicable deadlines.


    There are several ways to find out if you have CertainTeed Organic Shingles:

    • Check your purchase or repair documents. You may have receipts, warranties, bills of sales, or brochures from when you purchased or repaired your shingles. These documents may say that CertainTeed Organic Shingles were installed on your property.


    • The contractor or company that installed or repaired your shingles may know whether or not CertainTeed Organic Shingles were installed.


    • See if you still have packaging material for the shingles. The roofer may have left a package of unused shingles in your garage or basement and you may be able to identify them from the packaging.


    • Ask a roofer. An experienced roofer may be able to tell by looking at your shingles whether you may have CertainTeed Organic Shingles.


    • Have a roofing professional remove a shingle from your roof and send it in to CertainTeed for identification. CertainTeed will reimburse you up to US $50.00 for the expenses you incur, but only if the shingles are determined to have been manufactured by CertainTeed.


    This class action Settlement covers CertainTeed Organic Shingles on buildings throughout the United States and Canada. However, you should be aware that CertainTeed’s sales records indicate that over 94% of these shingles were sold in Iowa, Illinois, Indiana, Michigan, Minnesota, North Dakota, Nebraska, South Dakota, and Wisconsin. Therefore, if you live in the U.S. but do not live in one of those states, it is less likely that your shingles are the ones addressed in this lawsuit. There were few Canadian sales, and shingles that were sold in Canada were sold in the Burlington, Kitchener, Thunder Bay, Toronto, Pickering, and Windsor regions of Ontario and in Winnipeg, Manitoba. If you live elsewhere in Canada, it is less likely your shingles are CertainTeed Organic Shingles.


    You are eligible to receive compensation under the Settlement Agreement only if the warranty applicable to your shingles covers you as a subsequent purchaser, and CertainTeed receives a qualifying claim package prior to the expiration of the warranty period for subsequent owners.


    You are eligible to receive compensation under the Settlement Agreement only if you retained, pursuant to a written assignment agreement executed contemporaneously with the sale of the property, the right to make a claim for the shingles, and CertainTeed receives a qualifying claim package within 90 days after the settlement on the sale of the property.


    SETTLEMENT PAYMENT BASICS - HOW IT ALL WORKS
    (Questions 15 - 29)


    The amount paid per claimant depends upon a number of factors such as (1) the terms of the warranty; (2) how many Damaged shingles are on the roof; and (3) how long the shingles have been on the roof.


    That depends on your individual circumstances. Find the claimant description in the first column of the chart below that best fits your individual circumstances. The column that appears to the right in the chart will explain how the amount you may receive will be calculated if your shingles satisfy the Settlement Agreement’s Damage criteria.

    If you are a(n) Payment Amount if your CertainTeed Organic Shingles are Damaged under the Settlement Agreement’s criteria
    Original purchaser of CertainTeed Organic Shingles

    OR

    first owner of new construction with CertainTeed Organic Shingles installed
    If the Claim is postmarked or otherwise received by CertainTeed within 10 years of the installation of the CertainTeed Organic Shingles: US$40 per square (not pro-rated), plus US$34 per square, prorated from date of installation to account for the years of actual use compared to the warranty length.

    If the Claim is postmarked or otherwise received by CertainTeed more than 10 years after installation of the CertainTeed Organic Shingles (but prior to the expiration of the applicable warranty period): US$74 per square, prorated to account for years of actual use compared to warranty length.
    Purchaser of a building with CertainTeed Organic Shingles already installed, where the original warranty DOES cover you as a subsequent purchaser

    To find out if the original shingle warranty covers you, click here.
    If the Claim is postmarked or otherwise received by CertainTeed within 10 years of the installation of the CertainTeed Organic Shingles: US$40 per square (not pro-rated), plus US$34 per square, prorated from date of installation to account for the years of actual use compared to the warranty length.

    If the Claim is postmarked or otherwise received by CertainTeed more than 10 years after installation of the CertainTeed Organic Shingles (but prior to the expiration of the applicable warranty period): US$74 per square, prorated to account for years of actual use compared to warranty length
    Purchaser of a building with CertainTeed Organic Shingles already installed, where the original warranty DOES NOT cover you as a subsequent purchaser

    To find out if the original shingle warranty covers you, click here.
    If the Claim was postmarked or otherwise received by CertainTeed by October 3, 2011, US$34 per square for replacement shingles, labor, and other materials, prorated from the date of installation
    Claimant who sold or transferred a building with CertainTeed Organic Shingles, but at that time retained the right to make a claim for the shingles with a valid documented assignment. Payment is same as if claimant still owned the building.
    Claimant who settled a warranty claim (including a rebate) for CertainTeed Organic Shingles with CertainTeed on or after August 1, 2006 If the Claim was postmarked or otherwise received by CertainTeed by October 3, 2011, 20% of the difference between the amount you received on the warranty claim and any greater amount that you would have received had you been a claimant under the Settlement Agreement.
    Claimant who settled a warranty claim for CertainTeed Organic Shingles with CertainTeed before August 1, 2006 None.
    Claimant who previously filed a claim concerning CertainTeed Organic Shingles in any court of law, and the claim was resolved with a final judgment, whether or not that judgment was favorable to the Claimant None.

    Go to the Estimated Settlement Calculator to calculate how much money you can expect to receive if your claim is found to be valid.


    The following conditions of CertainTeed Organic Shingles will be deemed to constitute "Damage to CertainTeed Organic Shingles":

    1. an open hollow bump, 19 mm or more diameter, in the coating layer of the shingle resulting in the underlying asphalt’s being weathered (that is, oxidized and dirty), also known as "blistering";


    2. corners and edges of shingle tabs that are curled downward toward the deck surface raising the portion of the tab just interior to the edges by more than 1/2", also known as "clawing";


    3. cracks in the top-coating of the shingle penetrating through the organic felt that present a source for leakage, also known as "cracking";


    4. tab corners that are raised above the plane of the deck by more than 1/2" on shingles manufactured more than ten years before the submission of the claim, or by at least 3/8" on shingles manufactured less than ten years before the submission of the claim, also known as "curling";


    5. tab corners that are raised above the plane of the deck by at least 3/4" after being placed in a freezer at 0° for 15 minutes, also known as "cold weather curling";


    6. puckers of at least 1/4" that appear along the side and bottom edges of the tabs, also know as "fishmouthing"; and


    7. a loss of top surface of the shingle resulting in an exposure of the substrate equal in size to a dime, also known as "spalling".


    A “square” simply means 100 square feet of roofing shingles.


    One square of roofing shingles covers 100 square feet of roof area. Measure the area of your roof in square feet and then divide that area by 100 to calculate the number of roofing squares. If necessary, a roofing contractor will be able to assist you with this calculation.


    Payments are “prorated” as specified in each payment formula depending on the length of the shingle warranty. “Prorated” means that the payment will be reduced proportionally to account for the years of use you have already received from your shingles. For example, if you were to submit a Claim concerning shingles warranted for 30 years (360 months) exactly 12 years after they were installed, you would have used the Shingles for 144 months, and 216 months would remain on the original warranty. Your payment would be calculated by multiplying the non-prorated compensation amount by 60%, which is the percentage of the warranty that remains (216/360).


    No, the compensation will depend on the size of your roof and the extent of Damaged CertainTeed Organic Shingles on the planes of your roof. If the total area of your roof is 50 squares or less and 5% of the shingles on all the roof planes are Damaged CertainTeed Organic Shingles, then the entire roof will be considered Damaged and the claim payment will be calculated based on the total number of squares on the entire roof. If the total area of your roof is larger than 50 squares, then you will be compensated for all the shingles on each roof plane on which 5% of the shingles are Damaged CertainTeed Organic Shingles. If you do not qualify for a claim payment pursuant to one of these formulas, then your claim payment will be calculated based on the number of squares of Damaged shingles.


    Yes, if you receive compensation for less than your entire roof, and you thereafter suffer additional Damage to other portions of your roof, you may submit further claims with respect to such other portions of the roof, provided that your subsequent claim is timely under the terms of the Settlement Agreement.


    No. This is a claims made settlement. That means that each valid claim will be paid in accordance with the formulas set forth in the Settlement Agreement. The amount paid per claimant is fixed as specified in the Settlement Agreement regardless of how many or how few claims are actually filed.


    As explained in the answer to question number 34, CertainTeed reimburses building owners for up to $50 for the expenses incurred in having a roofing professional assist them with removing a shingle sample for inclusion with the Claim Form. If you submitted a shingle sample and an invoice for such professional assistance, the $50 check is probably your reimbursement check.


    Although the Settlement replaces and supplements benefits under the original warranty, it does not diminish any SureStart or SureStart Plus Protection that you may have. You may still make a claim under those provisions of your warranty.


    Even if you participate in this Settlement, you may still file any claims for compensatory damages that you may have for harm to any interior part of your building below the roof deck or any personal injury claims that you can demonstrate were caused by premature deterioration of the CertainTeed Organic Shingles. This Settlement does not address these types of damages. However, should you file a separate lawsuit or claim, CertainTeed would be able to contest the claim by relying on any legal and factual defenses available to it. Furthermore, in light of the release approved by Judge Pollak when he approved the Settlement Agreement, you would be precluded from filing claims for attorneys’ fees, penalties, punitive damages, or any other damages in excess of compensatory damages that you would otherwise have been able to seek in connection with these other claims had you not participated in the Settlement.


    No. Under the Settlement Agreement you are not permitted to assign your claim to anybody else. However, if you sell your property and do not retain the right to make a claim for the shingles with a valid documented assignment, the buyer of your property may obtain your right to make a claim for the shingles, as long as that buyer is qualified to make such a claim under the transferability provisions of the applicable CertainTeed warranty.


    Check the warranty length of your shingles in the chart below:

    CertainTeed Limited Warranties on Organic Shingles (1987 - 2005)
    Shingle Length of Limited Warranty
      Custom Lok 25   25 Years (1993 - 2005)
      Custom Saf-T-Lok/ Saf-T-Lok   20 Years (1987 - 1992)
      Custom Sealdon   25 Years (1991 - 1994)
      Custom Sealdon 30   30 Years (1995 - 2004)
      Hallmark Shangle   30 Years (1987 - 2003)
      Hearthstead   25 Years (1987 - 2005)
      Horizon Shangle   25 Years (1987 - 1996)
      Independence Shangle   30 Years (1987 - 1996)
      Master Slab   20 Years (1987); 25 Years (1988 - 1995)
      Sealdon 20   20 Years (1987 - 1994)
      Sealdon 25   25 Years (1995 - 2005)
      Solid Slab   20 Years (1987 - 1995); 25 Years (1996 - 1999)


    If you purchased the shingles yourself, bought the building as new construction, or contracted with a roofer to install the shingles, you are covered by the warranty. If you bought the building from a previous owner with the shingles already installed, whether you are covered by the warranty depends on the transferability provisions of the applicable warranty – that is, the warranty for the type of shingles on the building issued during the year the shingles were installed. If you know what type of CertainTeed Organic Shingles are on your roof, you can check the warranty for those shingles in the Claim Eligibility section of this website. If you are still unsure whether you are covered, call 1-888-898-4111 for assistance.


    HOW TO GET A PAYMENT -- SUBMITTING A CLAIM FORM
    (Questions 30 - 56)


    You are eligible to submit the Abbreviated Claim Form instead of the Standard Claim Form only if you have already submitted a warranty claim to CertainTeed for your CertainTeed Organic Shingles.

    If this is true for you, it means that you have previously submitted information to CertainTeed with respect to your CertainTeed Organic Shingles. You can therefore use the Abbreviated Claim Form. The Claim Form has been shortened so that people who have already submitted much of the information required to process a claim need not do so again. To access the Abbreviated Claim form, click here. However, if your claim was previously denied because CertainTeed concluded that your shingles were not showing signs of a defect when you submitted them, you may need to submit evidence to show that your shingles satisfy the defined standards under the Settlement Agreement. After CertainTeed reviews your completed Abbreviated Claim Form, together with the material you previously submitted, it will advise you if it needs additional evidence in support of your claim.

    If you are a Class member but are not eligible to submit the Abbreviated Claim Form, use the Standard Claim Form. To access the Standard Claim Form, click here.


    No. You may submit an Abbreviated Claim Form as discussed in the answer to question number 30. CertainTeed will review any evidence that you previously submitted and treat it as part of the Claims Package submitted in accordance with the Terms of the Settlement Agreement. If the previously submitted information does not demonstrate that you are entitled to payment under the Settlement Agreement, you will need to submit evidence to show that your shingles satisfy the defined standards under the Settlement Agreement. Upon request, CertainTeed will provide a Claimant with copies of all correspondence between the Claimant and CertainTeed with respect to that previously submitted Claim.


    It is CertainTeed’s practice to retain shingles samples until a claim is resolved. CertainTeed will continue to hold shingle samples for warranty claims that were denied in accordance with this practice. However, if your claim was previously denied because CertainTeed concluded that your shingles were not showing signs of a defect when you submitted them, it is probable that you will need to submit evidence to show that your shingles now satisfy the defect standards under the Settlement Agreement.


    Providing a shingle sample is the most expeditious and sometimes the only means by which your claim can be processed and compensation paid. A sample shingle from your roof is the best evidence that the shingles on your roof are CertainTeed Organic Shingles and of the current condition of your shingles. Therefore, providing a shingle sample will help speed review of your claim and help you avoid follow up questions and delays during the claims process.


    You should not attempt to remove the shingle yourself unless you are knowledgeable about roofing practices and safety issues, and are able to properly install a substitute shingle to protect your home against leakage. Otherwise, you should contact a roofing professional. CertainTeed will reimburse you up to $50 for the roofer's services provided that the shingles actually are CertainTeed roofing shingles and you send in a request for reimbursement and a copy of the roofer's invoice. If the shingles are not manufactured by CertainTeed, you are not eligible for this reimbursement.


    It is important that the shingle removed from your roof to submit with your Claim Form be immediately replaced with a similar shingle to prevent leaking.


    You or your roofer must select the shingle that best represents the problem you are trying to call to CertainTeed’s attention. The closest shingle or the one that is the easiest to obtain may not always represent the problem you are trying to report.


    The sample should be shipped flat in a box. Do not roll or cut the shingle sample. See the instructions on the Standard Claim Form for further details.


    If CertainTeed’s Technical Services laboratory is unable to verify that the shingle pieces submitted are a CertainTeed product, or if the shingle pieces do not adequately illustrate a problem, or if the sample pieces submitted are insufficient for laboratory testing and analysis, then the processing of your claim will be delayed or perhaps even precluded for lack of sufficient evidence.


    No. Because the shingle from the bundle has not been exposed to the same conditions as the shingles installed on your roof, it is unlikely to show the problem you may be experiencing.


    No. Any materials submitted become the property of CertainTeed.


    The Settlement provides that CertainTeed may dispose of shingle samples at the expiration of 60 days from the payment of compensation to a Claimant, but should a claim be denied, CertainTeed is required to maintain a one foot square exemplar of a shingle sample submitted by a Claimant in support of the Claim.


    Not always. Because many roofing companies manufacture “look-alike” products, CertainTeed often cannot be certain from photographs alone that the product was manufactured by CertainTeed Corporation.


    You should submit as many photos as you feel necessary for CertainTeed to evaluate the extent and severity of your claim. If you are submitting a shingle sample, CertainTeed requests that you provide at least two photographs indicating the location from which the sample was removed before and after removal. In addition, regardless of whether you are submitting a shingle sample, CertainTeed requests sufficient photographs to show the entire structure (front and back) from the ground level, and from a distance sufficient to show the entire structure; at least two photographs of each roof plane showing the plane and the condition of the Shingles; one or more photographs showing a close-up of the problem; and one photograph showing the building number on the building or on a mailbox in front of the building.


    No. However, you must submit sufficient information for CertainTeed to determine whether or not you are a Class Member who qualifies for payment under the Settlement Agreement. The more complete the claim form, the more quickly your claim can be processed.


    No. However, you must present other sufficient evidence for CertainTeed to determine whether or not you are a Class Member who qualifies for payment under the Settlement Agreement. Specifically, you still must provide credible evidence (a) that the shingles that are the subject of the claim are CertainTeed Organic Shingles; (b) of the quantity of shingles; (c) of the date of installation; and (d) that the shingles meet the criteria for Damaged Shingles under the Settlement Agreement. You should explain in detail why you are unable to provide the sample, and how the documentation that you are submitting provides substantiation for these criteria.


    That depends on your individual circumstances. Find the claimant description in the first column of the chart below that best fits your individual circumstances. The column that appears to the right in the chart sets forth the deadline that should apply to you.

    If you are a(n) Deadline
    Original purchaser of CertainTeed Organic Shingles OR first owner of new construction with CertainTeed Organic Shingles installed Any time up until the end of the original warranty period for the type of shingles.

    Click here to see chart of shingle types and warranty lengths.
    Purchaser of a building with CertainTeed Organic Shingles already installed, where the original warranty DOES cover you as a subsequent purchaser

    To find out if the original shingle warranty covers you, click here.
    Any time up until the end of the original warranty period for the type of shingles.

    Click here to see chart of shingle types and warranty lengths.
    Purchaser of a building with CertainTeed Organic Shingles already installed, where the original warranty DOES NOT cover you as a subsequent purchaser

    To find out if the original shingle warranty covers you, click here.
    The deadline has passed, and any claims postmarked or otherwise received after October 3, 2011 will be rejected as untimely.
    Claimant who sold or transferred a building with CertainTeed Organic Shingles, but at that time retained the right to make a claim for the shingles with a valid documented assignment. Claims Package must be postmarked or otherwise received by CertainTeed 90 days after the settlement on the sale of the property.
    Claimant who settled a warranty claim for CertainTeed Organic Shingles with CertainTeed on or after August 1, 2006 The deadline has passed, and any claims postmarked or otherwise received after October 3, 2011 will be rejected as untimely.
    Claimant who settled a warranty claim for CertainTeed Organic Shingles with CertainTeed before August 1, 2006 Not eligible to file a claim under the Settlement.
    Claimant who previously filed a claim concerning CertainTeed Organic Shingles in any court of law, and the claim was resolved with a final judgment, whether or not that judgment was favorable to the Claimant Not eligible to file a claim under the Settlement.
    Claimant who submitted a warranty claim for CertainTeed Organic Shingles to CertainTeed, and CertainTeed offered to settle the claim, but claimant never settled the claim with CertainTeed Any time up until the end of the original warranty period for the type of shingles. Click here to see chart of shingle types and warranty lengths.
    Claimant who submitted a warranty claim for CertainTeed Organic Shingles to CertainTeed, but CertainTeed did not offer to settle the claim Any time up until the end of the original warranty period for the type of shingles. Click here to see chart of shingle types and warranty lengths.


    No. Do not submit a claim form if your shingles have not deteriorated. The Settlement provides for claims to be paid only if the shingles meet the criteria for a defective shingle that are set forth in the Settlement Agreement.


    No. Do not submit a claim form if your shingles have been on the building throughout the warranty period. In this case, you have no claim.


    Yes, any payment that you received from your insurance carrier will not be deducted from the compensation owed under the Settlement Agreement. However, once CertainTeed has made a payment with respect to Organic Shingles on a particular building, CertainTeed will not be obligated to make any duplicate payments for the same shingles on that building pursuant to the Settlement Agreement.


    You may call the Claims Administrator at 1-888-898-4111 for assistance, or you may request assistance from Class Counsel or your own personal counsel to complete your Claim Form.


    If CertainTeed offered you a settlement that you did not accept and you now wish to make a claim under this Settlement Agreement, you will be considered to have rejected the original offer but will be eligible to recover according to the terms of the Settlement Agreement and you may submit an Abbreviated Claim Form.


    Yes. The value of the rebate will be included in determining the amount that you will receive under the Settlement Agreement.


    Claims are generally reviewed and paid on a first-come, first-served basis. Once CertainTeed has determined that it has adequate documentation of the claim, you should receive a check within 90 days.


    CertainTeed will send you a letter explaining the reason that your claim was denied. If you believe CertainTeed wrongly denied your claim, you can appeal to an Independent Claims Administrator. CertainTeed will not raise on appeal any reason for its denial of the Claim that was not identified in its claim denial letter. However, if you submit additional or new information to the Independent Claims Administrator, CertainTeed can respond to any such new information.


    If CertainTeed denies your claim, CertainTeed is required to maintain a one foot square exemplar of any CertainTeed organic shingle sample submitted by a Claimant in support of the Claim. If CertainTeed determines that the shingle sample was not manufactured by CertainTeed, it will keep the sample for 60 days. If CertainTeed determines that you have CertainTeed fiberglass shingles, it will consider your claim as submitted under its standard warranty claims process, which continues to cover its fiberglass shingles, and follow its standard warranty policies with respect to sample retention.


    If you receive a payment under the Settlement Agreement you cannot assert any further claim against CertainTeed with respect to the removal and replacement of the shingles that were the subject of your claim.


    THE RIGHT TO APPEAL IF YOUR CLAIM IS DENIED
    (Questions 57 - 69)


    If CertainTeed denies all or part of a claim, you have the right to appeal the denial to the Independent Claims Administrator.


    The Independent Claims Administrator is Heffler Claims Administration. Heffler Claims Administration was selected by agreement of Class Counsel and CertainTeed and was approved by the Court on June 19, 2012. The Court also approved the selection of BrightClaim, Inc. as the Independent Inspector. To view the Order approved by the Court on June 19, 2012, please click here.

    For additional information about either Heffler Claims Administration or BrightClaim, Inc., see the Joint Motion of CertainTeed Corporation and Class Counsel for an Order Approving the Selection of Heffler Claims Administration as the Independent Claims Administrator and BrightClaim, Inc. as the Independent Inspector. To view the Motion for Approval, please click here.


    To appeal to the Independent Claims Administrator, you must send written notice of your request for an independent review of your claim to CertainTeed at the following address:

    CertainTeed Claims Administrator
    1400 Union Meeting Road
    Blue Bell, PA 19422-0761

    Please include in your request the caption of this case, In re: CertainTeed Corporation Roofing Shingles Products Liability Litigation, MDL Docket No. 1817. Your request should also:

    • be signed by you;
    • state the address of the property or properties that is the subject of your claim;
    • state the basis for your appeal; and
    • provide your claim number


    Under the Settlement Agreement, you have 45 days from the date you receive notice of the denial of all or part of your claim to request an independent review by Heffler Claims Administration, the Independent Claims Administrator. If you received notice of a denial of all or part of your claim prior to August 7, 2012, you have 45 days from August 7, 2012, to file such an appeal. All appeals of claims denied prior to August 7, 2012, must be received by September 21, 2012. All appeals of claims denied on or after August 7, 2012, must be received within 45 days of the date you received notice of the denial.


    You do not have to pay any money to appeal the denial of your claim unless the Independent Claims Administrator determines that your request for an independent review was fraudulent or that the shingles at issue were not manufactured by CertainTeed. In those situations, you will be obligated to pay $200.


    The Independent Claims Administrator will review the Claim Form you submitted to CertainTeed, any documents related to your claim, the shingle sample you submitted with your claim (if required for your appeal), and any other related information that you, Class Counsel, or CertainTeed submits to the Independent Claims Administrator for consideration. You do not need to submit any additional documents to the Independent Claims Administrator. If, however, you have additional documents that you believe support your claim, you should submit those documents to the Independent Claims Administrator at the following address:

    Heffler Claims Administration
    Attn: CT Independent Claims Administrator
    1515 Market Street, Suite 1700
    Philadelphia, PA 19102-1964

    Please indicate on the first page of any submission to Heffler Claims Administration the caption of this case, In re: CertainTeed Corporation Roofing Shingles Products Liability Litigation, MDL Docket No. 1817, and your claim number.


    If you, the Independent Claims Administrator, Class Counsel, or CertainTeed requests an inspection of the property on which the CertainTeed Shingles were installed, then BrightClaim, Inc., the Independent Inspector, will visit the property and evaluate the claim.

    Such an inspection must be requested within 30 days of your request for an independent review and such inspection must be completed within 45 days of the request for inspection, weather permitting.

    The Independent Inspector will submit his report to you, Class Counsel, CertainTeed, and the Independent Claims Administrator within 15 days following the inspection.

    Once the Independent Inspector’s report is received, you, the Independent Inspector, Class Counsel, and CertainTeed will have 30 days to submit additional information to the Independent Claims Administrator. Such information should be mailed to the Independent Claims Administrator at the address set forth in Question 62 above.


    A meeting (telephonic or otherwise) can be requested by your personal counsel, Class Counsel, or CertainTeed. If you do not have your own lawyer, you should consult with Class Counsel concerning a request for such a meeting.


    The Independent Claims Administrator will send a written determination setting forth the basis for his decision to you, Class Counsel and CertainTeed within 15 days after the expiration of the 30-day period for submission of additional information discussed in Question No. 63 above.


    The final decision of the Independent Claims Administrator is nonappealable. However, if either CertainTeed or Class Counsel, or a Claimant’s personal counsel, (after consultation with CertainTeed) concludes that the Independent Claims Administrator’s decision is not consistent with the terms of the Settlement Agreement, the Claim can be presented to a Special Master appointed by the Court.


    CertainTeed will pay any final award of the Independent Claims Administrator within 45 days of receipt of his decision.


    The Independent Claims Administrator or the Special Master will resolve any dispute about whether you properly complied with the claims procedure, which is set forth in the parties’ Settlement Agreement.


    Yes. You may submit another Claim once every two years from the date that you receive notice of the denial of your Claim, provided the date of the subsequent Claim is before the deadline for you to file a claim under the Settlement Agreement.


    THE LAWYERS REPRESENTING YOU
    (Questions 70 - 72)


    The Court has designated the following lawyers to represent you and all Class Members. Together, these lawyers are called Lead Class Counsel. You will not be charged for these lawyers. Class counsel have a continuing responsibility and obligation to assure that CertainTeed, the Independent Claims Administrator, and the Special Master are properly applying all of the terms of the Settlement Agreement; to assist individual Claimants with the submission and pursuit of their claims; and to advocate good faith claims on behalf of Claimants over the life of the settlement.

    The names and addresses of Lead Class Counsel are as follows:

    Charles J. LaDuca
    Cuneo Gilbert & LaDuca, LLP
    507 C Street, NE
    Washington, DC 20002
    (202) 789-3960
    charlesl@cuneolaw.com

    Michael McShane
    Audet and Partners LLP
    221 Main Street
    Suite 1460
    San Francisco, CA 94105
    (415) 568-2555
    mmcshane@audetlaw.com

    Robert K. Shelquist
    Lockridge, Grindal Nauen, P.L.L.P.
    100 Washington Avenue South, Suite 2200
    Minneapolis, MN 55401
    (612) 339-6900
    rkshelquist@locklaw.com

    Liaison Counsel for the Class is:
    Arnold Levin
    Charles E. Schaffer
    Levin, Fishbein, Sedran & Berman, P.C.
    510 Walnut Street, Suite 600
    Philadelphia, PA 19103
    (215) 592-1500
    cschaffer@lfsblaw.com


    On October 25, 2010, after reviewing extensive documentation of the time and costs spent by Class Counsel litigating this case since 2006, and after holding a hearing, the Court entered an Order approving Class Counsel’s request for fees of $21,866,199.97 and costs of $613,800.03. Under the Settlement Agreement, the amount of expenses and fees awarded by the Court were paid by CertainTeed and will not decrease or in any manner limit the amount of money class members will receive under the Settlement.


    Yes. To compensate them for work in this litigation, each Named Plaintiff in each of the actions covered by the Settlement (including cases consolidated in Multi-District Litigation, a roofing shingle action brought in Pennsylvania, and an action brought in Canada) has been paid an incentive payment provided the shingles that were the subject of their complaint were CertainTeed Organic Shingles. If the class representative was deposed, he or she received an incentive payment of US$5,000; if he or she was not deposed, the incentive payment was US$2,500.


    GETTING MORE INFORMATION
    (Question 73)


    This website summarizes the Settlement and your rights under the Settlement. It cannot tell you every right to which you may be entitled. To obtain further information or advice about your legal rights, you may contact Class Counsel or consult a lawyer at your own expense.

    More details about the terms of the Settlement are set forth in the Settlement Agreement. If you have questions or want to know more about the Settlement, you can contact the Claims Administrator or Class Counsel.