$30M IKO Roofing Shingles Class Action Settlement Reached

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Customers are seeking approval for a $30 million settlement that would resolve multidistrict litigation claiming that IKO Manufacturing’s roof shingles deteriorate earlier than the company says they will.

The proposed settlement was brought forward to an Illinois judge, and would end a nine year multidistrict litigation against IKO Manufacturing.

Under the terms of the IKO roofing class action settlement, homeowners who purchased the allegedly faulty shingles from IKO would receive a five-year extension on their warranty of the products.

They would also be entitled to a cash payment or replacement shingles if their previously purchased shingles fail within the extended warranty.

The shingles company and the consumers began mediation towards a settlement deal in 2016, but were unable to reach an agreement in the first several rounds of negotiations.

Expressing support for the settlement deal, the consumers’ attorneys say that the settlement “saves considerable judicial and attorney time and expense, and achieves signifiant improvements to class members’ warranty claims.”

The shingle quality MDL was brought forward in 2009 by customers who claimed that IKO’s shingles wore out long before their advertised 50 year lifespan.

Allegedly, the products came with an “iron clad” warranty. However, consumers said that the shingles could deteriorate quickly because of water damage.

Additionally, plaintiffs in the IKO roofing class action claimed that the company tried to get out of honoring its warranty by making it difficult for people to file a claim.

Consumers said that when they tried to file a claim saying that only tiles in a section of their roof had deteriorated, they were told by the company that they had to file a claim for the entire roof.

Under the proposed $30 million roofing class action settlement, a consumer who made claims that just a portion of the shingles on their roof were affected would be limited in the claims they could make for compensation.

The MDL once included as many as 19 lawsuits against IKO Manufacturing, but now includes only 15, as of a Sept. 17 report.

In 2014, the consumers and the company disputed Class certification for the shingles warranty MDL in the seventh court. As a result of this effort, the appellate court overturned the district’s judge previous ruling that denied Class certification. Now, the motion for Class certification is still reportedly pending.

On Thursday, the consumers asked the judge to allow the Class to include anyone who owned or previously owned a home or building that had IKO shingles.

This proposed Class would exclude anyone who already brought a lawsuit against the company over the shingle quality and warranty and had already received a verdict.

The Class would also exclude people who had signed a goodwill release of their claims against the company, unless the claims only applied to shingles on a portion of an entire roof.

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The consumers are represented by Robert Shelquist of Lockridge Grindal Nauen PLLP, Clayton D. Halunen of Halunen Law, Charles E. Schaffer of Levin Sedran & Berman, Jon D. Robinson and Christopher M. Ellis of Bolen Robinson & Ellis, Charles J. LaDuca and Brendan S. Thompson of Cuneo Gilbert & LaDuca LLP, Michael McShane of Audet & Partners LLP, Shawn J. Wanta of Baillon Thome Joswiak & Wanta LLP, Eric Holland of Holland Law Firm and Gregory Cerulo of Quinn Johnston Henderson Pretorius Cerulo.

The IKO Roofing Shingles Quality Class Action Lawsuit is In re: IKO Roofing Shingle Products Liability Litigation, Case No. 2:09-md-02104, in the U.S. District Court for the Central District of Illinois.