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Welcome
Welcome to the FireFreeŽ Class Action Settlement website. The purpose of this website is to provide information regarding recovery under this class-action settlement.
The Re-Con FireFree Settlement filing period has concluded. No further claims will be accepted. The Court has Ordered the following: 1) On May 7, 2008 a hearing will be conducted regarding the final accounting of all payments made pursuant to the FireFree settlement. 2) All qualified claimants to date will receive a supplemental settlement payment. 3) The formula for such supplemental payment will be calculated as follows: After deducting the anticipated final costs of administration and inspections, Class Counsel shall divide the sum of all roofing squares of the Re-Con class member claimants, who have submitted qualifying claims, into the balance of the Re-Con Settlement Fund. The result will be the per roofing square supplement. That amount will be multiplied by the number of roofing squares for each claimant. The total of that calculation will be the supplemental settlement payment. The Settlement Fund Administrator will then pay the supplemental settlement sum to all qualifying Re-Con claimants consistent with the above described formula. This supplemental and final payment will be paid on or before May 1, 2008. In anticipation of this final payment, the Administrator’s office may contact qualified claimants either by phone or in writing in order to verify that the mailing address on file is current and correct. All qualified claimants who have experienced a change in either their mailing address and/or phone number(s) must update their information with the FireFree Administrator’s office by contacting them at one of the following:
Summary of FireFreeŽ Class Action A class action suit has been certified and the court has granted final approval to a Settlement for $18.6 million with defendants, Re-Con Building Products, Inc., related to the manufacture and sale of roofing tiles and panels which are approximately 2/3 Portland cement and 1/3 wood cellulose fiber commonly known as FireFree Tiles and Quantum Panels. These products were marketed under the brand names, FireFreeŽ Rustic Shake, FireFreeŽ Quarry Slate, FireFreeŽ Colonial Shingle, Quantum Shake, and Quantum Shake Panels, (collectively, "FireFree Tiles"). The settlement does not include Re-Con products marketed as FireFree Plus PMFC Tiles or Quantum Plus PMFC Panels, which were manufactured and sold beginning in December 1997. The Court has certified a class action for all purposes on behalf of the following Class: All individuals and entities (or anyone claiming through such individuals or entitles) that have owned, own, or acquire property on which FireFree Tiles or Quantum Panels are, or have been installed, in the United States including the following states: Alabama, Arizona, Arkansas, California, Colorado, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Kansas, Kentucky, Maryland, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Washington, Wisconsin, West Virginia, Wyoming. (Affected States) FireFree Tiles are defined as a cement and cellulose fiber composite roofing tiles and panels marketed by Re-Con Building Products Inc., between December 1993 and November 1997. These products were marketed under the brand names, FireFreeŽ Rustic Shake, FireFreeŽ Quarry Slate, FireFreeŽ Colonial Shingle, Quantum Shake, and Quantum Shake Panels. Excluded from the Class are: (i) Defendants (except that a Defendant may take an assignment of claims made in Canada as provided in the Settlement Agreement), any entity in which Defendants have a controlling interest or which has a controlling interest in Defendants, and Defendants' legal representative, assigns, and successors; (ii) the judge to whom this case is assigned and any member of the judge's immediate family; and (iii) Prior Release Claimants. Plaintiffs, on behalf of the Class, seek compensatory damages against Defendants based upon theories of negligence and strict liability. Plaintiffs allege that Defendants failed to design, formulate, and test the FireFree Tiles adequately before selling them as durable and suitable roofing products, and that when Defendants sold FireFree Tiles to Plaintiffs and the Class, Defendants reasonably should have known the Tiles were defectively designed, failed prematurely due to moisture invasion, cracked, and otherwise did not perform in accordance with the reasonable expectations of Plaintiffs and the Class. As a result, Plaintiffs and the Class have experienced continuous and progressive damage to their property. Defendants have denied, and continue to deny, each and every allegation and all charges of wrongdoing or liability of any or whatsoever asserted, or which could have been asserted, in this Litigation and have asserted, and continue to assert, various defenses to the individual and class action claims. On December 18, 2000, the Court certified the Class for all purposes and granted preliminary approval to the Settlements. The Court granted final approval to the Settlement on March 2, 2001 has also appointed the following attorneys to represent the Class ("Class Counsel"): Birka-White Law Offices Farella, Braun & Martel, LLP Berding & weil, LLP Re-Con filed for Insolvency protection in Canada before the filing of this action, and they remain subject to those insolvency proceedings. Review of Re-Con's financial statements, by a financial expert concluded that Re-Con has insufficient assets to pay claims. As a direct consequence of Re-Con's financial status, the Settlement is funded entirely from Re-Con's available insurance proceeds. The Settlement will pay for inspections, repair and replacement of damaged FireFreeŽ roofs. These available insurance proceeds are insufficient to create a fund to pay all Class Members the full amount necessary to replace their roofs; accordingly, the interests of all Class Members require the creation of a limited, mandatory non opt-out Settlement Fund ("Limited Settlement Fund"). The Limited Settlement Fund automatically binds all Class Members to the terms of the Settlement. There is no right to exclude yourself from the Settlement and the Limited Settlement Fund, and all are barred from prosecuting any legal action against Re-Con relating to the settled claims. Class Counsel agreed to compromise and settle the Litigation with the Defendants because the Settlement provides reasonable and fair compensation to the Class members given the financial predicament of the Defendants, and the amount of available insurance assets. The Settlement obtains for the Class members virtually all of the recovery they would have sought to recover at trial, without the attendant delays, risks, and expenses of trial and subsequent appeal. Do I have Tiles Manufactured by Re-Con FireFreeŽ? Key Settlement Terms Initially, Defendants shall make cash payments totaling $18.6 million to the Class in four installment payments. Within two (2) business days of preliminary approval, Defendants deposited $500,000 into the Notice Fund for the purpose of funding notice to class members, and establishment of claims administration. Within three (3) business days of final approval, Defendants deposited $11.6 million into a qualified settlement fund (the "Settlement Fund.") Thereafter, on June 1, 2004, Defendants shall deposit $3,000,000, and on June 1, 2007 an additional $4,000,000. Final Settlement Approval No member of the Class appeared at the hearing to show cause why the proposed Settlement should not be approved and to offer comments, or object to the application of Class Counsel for attorneys' fees, costs, and expenses. One written objection was withdrawn prior to the Hearing. No other written objections were received. Any member of the Settlement Class who did not make his or her objection or opposition in the manner provided shall be deemed to have waived all such objections. For information regarding how to participate in the Settlement and the Class, or for a complete and detailed Notice, Claim Form, to complete a Registration, or for more information:
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