NON-APPEALABLE ISSUES  

Every class member whose claim for benefits is denied has the right to appeal, However, it should be understood that neither the Ombudsman nor the Appeals Committee has the right to change the Terms of the Settlement Agreement. There must be good reason to appeal. Appeals must be based on valid grounds in order to be successful. It is stipulated in the Settlement Agreement that under no circumstances may benefits be paid if there has not been a Qualifying Leak. A Qualifying Leak is one which is not excluded, occurs during the ownership of the Homeowner filing the claim and during the Eligibility Period for the particular polybutylene potable water system. See the elgibility periods table for these timeframes by dwelling type.

The fact that deadlines have expired or the belief that the Terms of Settlement are unfair are not valid grounds for appeal. The Settlement was approved by the Court at a special Fairness Hearing typical of Class Actions.

The fact that a particular property owner did not receive notice is not grounds for appeal. 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. Class actions, and other legal actions, are often announced to the American public by a Legal Notice in the media. It is important to understand that "notice", as it applies to class action litigation, does not mean notice to each and every individual class member, but rather, to the community.

Not every polybutylene system is a covered system and not every leak is a Qualified Leak. To qualify for benefits a Homeowner must have a polybutylene system designed with acetal plastic or metal insert fittings, installed after 1/1/1978 and before 7/31/1995. The leak in the system must be a verifiable failure. The table below lists leaks that are excluded as Qualified Leaks:

The polybutylene pipe in the system must be made of plastic rosin produced by Shell Chemical Co. There are other manufacturers of polybutylene rosin. The correct pipe is marked PB 2110. Pipe that is marked PB 2110 M is not the pipe subject to the litigation.

See Excluded or Non-Qualfying Leaks

See Eligibility Period Timeframes by Dwelling Type

See Important Definitions