Calling the product not suitable for southern heat, a Louisiana company has filed a class action over FlexFoil, reflective insulation that is designed to eliminate solar-generated heat radiated through a roof, wall or under a floor.
Cabinets by Perrier Inc. filed suit against PolyAir Inc. on Dec. 12 in federal court in New Orleans.
The plaintiff states that it had the FlexFoil radiant barrier installed with a new roof in 2006. According to the complaint, the product deteriorated rapidly, well within its 15 year warranty.
Cabinets by Perrier argues that the deterioration is due to the heat in the southern United States.
In order to replace the defective FlexFoil, the entire roof had to be taken off, a new insulation product installed and then the roof replaced.
The class action is filed on behalf of all Louisiana residents who purchased the FlexFoil for installation in a residential or commercial business.
The plaintiff is asking the court for an award of damages, to require Polyair to establish a periodic inspection program of the FlexFoil system, an award of court costs, attorney's fees and interest.
The lawsuit is filed by New Orleans attorneys Desmonde X. Bennett and Todd R. Slack of Huber, Slack, Houghtaling, Pandit & Thomas, LLP. A jury trial is requested.
U.S. District Judge Jane Triche Milazzo is assigned to the case.
Case No. 2:11-cv-03051