Appeal FAQs

• What is an Ombudsman?
  
• Is the Ombudsman an employee of the CPRC?
  
• Does the Ombudsman represent me as my advocate?
  
• Shouldn't a product recall be available as long as the product is installed?
  
• Why was my claim denied when my leak was only a short time outside of the Eligibility Period?
  
• My home sat vacant and the plumbing system was not used during that time. Why was my Eligibility Period not extended for this?
  
• Who supervises the CPRC?
  
• 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.

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What is an Ombudsman?
Webster's dictionary defines "ombudsman" as follows:

1. A government official appointed to receive and investigate complaints made by individuals against abusive or capricious acts of public officials.
2. 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 Judge 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.

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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.
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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