Class Eligibility

You are a class member if:

Homeowner Settlement Class A Eligibility: Class A Eligible Members are current Homeowners with Windows who have Visible Residue Lines, leaking lower window joints (upstand legs), or various other qualifying glazing or mullion leaks (“the Identifiable Conditions” described below) and one or more instances of Eligible Consequential Water Staining or Water Damage that is Reasonably Attributable to an Identifiable Condition.

Homeowner Settlement Class B Eligibility: Class B Eligible Members are current Homeowners with a Window that exhibits a Visible Residue Line but who have not experienced Eligible Consequential Water Staining or Water Damage.

Homeowner Settlement Class C Eligibility: Class C Eligible Members are current or former Homeowners that paid for repairs or replacement of Windows as a result of Consequential Water Damage prior to Notice of this Settlement.

Contractor/Construction Class Eligibility: Eligible Contractor/Construction Class Members are Persons who currently own Affected Property with MIWD Product and have Eligible Consequential Window Damage that is Reasonably Attributable to an Identifiable Condition.

“Identifiable Condition(s)” means any of the following physical manifestations that are observable by normal human senses, without the use or aid of any detection equipment and observable through Photographs or Video submitted with the Claim Form:

  • Visible Residue Line: Visually apparent sediment, crud, or discoloration (not dust) immediately above or below the lift rail portion of the operable sash that appears at one or more locations with a total length of 4 inches or more.
  • Staining at upstand leg joint, leaking at upstand leg joint, or unsealed upstand leg joint (sill joints). Water penetration through Window glazing of picture, fixed, or other non-operable Windows.
  • Interior water penetration through a horizontal or vertical mullion between Windows.

“Consequential Water Damage” means degradation or other loss of integrity of the Substrate around the sill of a Window, including swelling, warping, softness or crumbling, that is beyond the Window frame itself and that is Reasonably Attributable to an Identifiable Condition.

“Consequential Water Staining” means discoloration of finish surface(s) of the sill, stool, trim, wall, jamb reveal, or other component of the Affected Property, emanating from and commencing within an eight (8) inch radius of the bottom of a Window (except for water staining caused by horizontal mullion leaks) yet beyond the Window frame itself that can be repaired without replacement of the Substrate and that is Reasonably Attributable to an Identifiable Condition. “Consequential Water Staining” does not include (1) any mildew or discoloration that can be removed with a damp cloth and non-abrasive household cleaner.

You can find visual examples of applicable damage here

Brands included are as follows:

  • MI Windows and Doors
  • BetterBilt
  • Bridgewood
  • Insight
  • Devon II
  • New Bridge II
  • New Castle XT
  • Capitol
  • General Aluminum
  • PrimeCel
  • BrynMawr III
  • HomeMaker
  • New Castle III

The products must have been manufactured between July 1, 2000, and March 31, 2010.

A list of the windows included by serial # can be found here. Images of the labels and appearance of the windows involved can be found here.

Estimated Amount

Up to $2,500

Proof of Purchase

Yes

You will need to provide proof of purchase/ownership and damage. This can be done through photos or invoices.

Case Name

MI Windows and Doors Products Liability Litigation,
MDL 2333
District Court for South Carolina, Charleston Division

Case Summary

This settlement brings resolution to a case in which the plaintiffs allege that tape glazed Windows manufactured by MIWD between July 1, 2000 and March 31, 2010 contain defects that have caused water intrusion resulting in damageto Windows and Plaintiffs’ property; that some Window owners or former owners have paid for repairs or replacements of their Windows; and that some owners will require future repairs of their Windows. The Action asserts various Claims against MIWD including Claims for negligence, negligent misrepresentation, breach of contract, breach of express warranty, products liability, and breach of implied warranty of merchantability.

MI denies all culpability but has has agreed to settle to minimize the impact of a long and uncertain trial

Settlement Pool

N/A

Deadline

10/26/2015 Contractor Deadline

10/26/2015 Homeowner Class C Deadline

12/28/2015 Homeowner Class A & B Deadline

Contact

MI Windows Claims Administrator
PO Box 3230
Portland, OR 97208-3230
1-888-668-8198
info@miwdtapeglazedwindowsettlement.com

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