Appeal FAQs
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What is an Ombudsman?
Webster's dictionary defines "ombudsman" as follows:
- A government official appointed to receive
and investigate complaints made by individuals against abusive
or capricious acts of public officials.
- One who investigates reported complaints,
reports findings, and helps to achieve equitable settlements
The position of Ombudsman was created by the Settlement to
assure the proper administration of the benefits provided by the
Cox vs. Shell Oil Settlement and establish a means
of redress to homeowners when disputes arise.
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Is the Ombudsman an employee
of the CPRC?
No. The Office of the Ombudsman is outside of the CPRC company
organization. The Ombudsman is responsible to the Court through
the Board of Directors.
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Does the Ombudsman represent
me as my advocate?
The Ombudsman was appointed by the Court to represent all members
of the Class, but does not act as an advocate for individual claimants.
He is ultimately responsible to the Court.
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Shouldn't a product recall
be available as long as the product is installed?
It is important to understand that Cox is neither a warranty situation
nor a recall. This is a settlement of litigation. The Settlement
authorizes those eligible Class Members who have had problems
within the defined parameters to file a claim against the Settlement
Fund provided the claim is filed within the established timeframes.
This class action involves raw material for plumbing systems.
Builders and manufacturers of mobile homes are not involved in
the litigation. Unlike automobiles, guns, electrical appliances
and similar registered property that may be traced to owners,
plumbing systems are not traceable. It is impossible to determine
where the raw material produced by the Cox defendants eventually
wound up
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Why was my claim denied
when my leak was only a short time outside of the Eligibility
Period?
Under no circumstances may an Eligibility Period be extended.
Review the following table.
| DWELLING AND POLYBUTYLENE PLUMBING SYSTEM FITTING
TYPE: |
ELIGIBILITY PERIOD
LEAKS MUST OCCUR WITHIN: |
FILING DEADLINE
CLAIM MUST BE FILED WITHIN: |
| Mobile Homes - Any combination of Insert
Fittings |
10 years of installation |
11 years of installation |
| Yard Service Line - Any type of fittings |
10 years of installation |
11 years of installation |
| Homes - Plastic Insert Fittings |
13 years of installation |
14 years of installation |
| Homes - Metal or Mixed (both Plastic &
Metal ) Insert Fittings |
16 years of installation |
17 years of installation |
| Commercial Buildings - Plastic, Metal
or Mixed Insert Fittings |
13 years of installation |
14 years of installation |
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My home sat vacant and
the plumbing system was not used during that time. Why was my
Eligibility Period not extended for this?
The Eligibility Period starts upon installation even if the system
is never used. The Installation Date is the date the plumbing
was installed in the home by builder/manufacturer. It is not the
date the property was purchased or was first occupied.
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Who supervises the CPRC?
The CPRC handles claims and manages the Settlement Fund for and
under the continuing supervision of the Court. The Court retains
exclusive and continuing jurisdiction of the Action, all Parties,
Settlement Class Members, and Released Manufacturers to interpret
and enforce the terms, conditions and obligations of the Agreement.
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Why does the CPRC insist
that I have a mobile home? I believe my home to be a modular home;
it is mounted on a foundation and has no wheels beneath it.
The Cox Settlement uses the terms "mobile home" and "modular home"
to distinguish between two types of manufactured homes. There
is often confusion as to whether a home is a mobile or modular
unit. That is understandable, since the difference is minimal
on the surface, especially after a home is permanently located
on a site. Adding to the confusion is the fact that the term "Manufactured
Home" includes both Mobile and Modular units. Today, many modular
homes are built in mobile home plants with similar characteristics
as the HUD-coded mobile home. The difference is in the building
code under which it was built and has nothing to do with how it
is installed on a site or if it is on wheels or if the axles have
been removed, or if the towing bars have been removed. Whether
it is taxed as real property or is registered as a vehicle and
has tags affixed is irrelevant. A railroad caboose without wheels
and set on a foundation is still a caboose.
Mobile homes are built under Federal Manufactured Home Construction
and Safety Standards (Title 6). This is administered by the U.S.
Department of Housing and Urban Development (HUD) through a network
of state agencies. This became effective June 15, 1976. The Federal
code superseded all local and state building codes.
Modular homes are built to a "Specification Code" administered
by each state, generally following the national Uniform Building
Code (UBC). It is a dwelling unit fabricated in an off-site manufacturing
facility for installation or assembly at the building site, bearing
a label that is constructed in compliance with a state code. Most
states have adopted statewide factory housing laws that supersede
local building codes.
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