American Cemwood Roofing Litigation Settlement

UPDATED April 2008 Cemwood Notice

Welcome to the American Cemwood Roofing Litigation Settlement website. The purpose of this website is to provide information regarding recovery under this class-action settlement.

Summary of Cemwood Class Action Litigation and Settlement

On November 18, 2003 the Court granted final approval to a $75 million Phase 2 settlement in the American Cemwood roofing shakes national class action litigation. This amount is in addition to a $65 million partial settlement approved by the Court in May 2000. The products at issue were sold under the following brand names: Cemwood Shakes, Permatek Shakes, Permatek II Shakes, Trieste Tiles, Pacific Slate, Royal Shakes, or Cascade Shakes.

The Court certified a class action for all purposes on behalf of the following Class: All individuals and entities that have owned, own or acquire homes or other structures on which Cemwood Shakes are or have been installed, in the following states: Alaska, Arizona, Arkansas, California, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Washington, Wisconsin and Wyoming. Cemwood Shakes are defined to include without limitation the brand names: Cemwood Shakes; Permatek Shakes; Permatek II Shakes; Cascade Shakes; Trieste Tile; and Pacific Slate. Excluded from the Class are Defendants, any entity in which Defendants have a controlling interest or which has a controlling interest of Defendants, and Defendants' legal representatives, assigns, and successors. Also excluded are the judge to whom this case is assigned and any member of the judge's immediate family. This class action does not include property in the state of Colorado. Claims about personal injury and emotional distress are not affected by this case.

Plaintiffs, on behalf of the Class, sought compensatory damages against Defendants based upon theories of negligence and strict liability for damages resulting from installation of defective Cemwood Shakes on their homes or other structures. Defendants denied and continue to deny each and every allegation and all charges of wrongdoing or liability of any kind. The Court appointed the named Plaintiffs as Class Representatives and Lieff, Cabraser, Heimann & Bernstein, LLP; Alexander, Hawes & Audet, LLP; Tousley Brain PLLC; and the Law Offices of David M. Birka-White as Co-lead Class Counsel.

Weyerhaeuser Company Limited and MacMillan Bloedel (U.S.A.), Inc., the parent companies of American Cemwood, settled in 2000 for $65 million. This second $75 million settlement resolves claims against the remaining Defendants: American Cemwood Corporation, American Home Assurance Company, Commerce & Industry Insurance Co., Commerce & Industry Co. of Canada, and XL Insurance (Bermuda) Limited. As with the 2000 settlement, the new 2003 settlement provides those class members who have verified claims and qualifying damage with cash payments. $49,557,593.79 has already been paid to class members under the 2000 settlement. Although the settlements extend to consumers in thirty-eight states, the vast majority of class members live in California, Washington, Oregon, Hawaii, Texas or Utah.

Do I have Shakes Manufactured by American Cemwood? The Shakes are a unique building product, composed of 2/3 Portland cement and 1/3 wood fiber, formed to look like a cedar shake, cement tile, or slate. To determine whether you have Shakes manufactured by American Cemwood on your property, you may ask your roofer or look to see whether your shingles are stamped with "A/C," "Permatek," "P" or "T," or take one to your local building supply store, which may be able to assist you. For a complete guide to identifying Cemwood Shakes, go to "How to Identify Cemwood Roofing."

Key Settlement Terms. On November 18, 2003, the Court granted final approval to a $75 million settlement in the American Cemwood roofing shakes national class action litigation. This amount is in addition to a $65 million partial settlement approved by the Court in May 2000, bringing the guaranteed principle amount to $140 million. Each member of the Class who files a timely and valid claim form and whose property has suffered qualifying damage will receive a portion of the settlement fund contingent upon the number of shakes owned, the total number of claims made, and the ultimate Class recovery. The Settlement Fund to be distributed to the Class will be the net of legal fees and other settlement costs.

For information regarding how to participate in the Settlement and the Class, or for a complete and detailed Notice, Registration Form, or for more information:

Forms can be downloaded from this site
Call Toll Free: 1-800-708-3266
Write: Independent Claims Administrator for American Cemwood Roofing Litigation Settlement, P.O. Box 162, Lancaster, CA 93584
Class members are encouraged to file their claims now, as there may be limited funds to pay class members. We suggest that you complete and return the registration form if you do not intend to file a claim at this time. Doing so will ensure that you continue to receive information regarding the lawsuit and maintain your status as a prospective claimant.

You may review and/or download the following documents from this site. All documents marked with ^(pdf) are in Adobe Acrobat Format. To view them you need to have Adobe Acrobat Reader. Get your free copy through the Adobe links at the bottom of this page.

You may also ask the Claims Administrator questions regarding the settlement via e-mail.

Ask the Claims Administrator a question.

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