By ERIC TUCKER
Associated Press

PROVIDENCE, R.I. - Home Depot Inc. and an insulation company have tentatively agreed to a $5 million settlement over lawsuits brought by survivors and relatives of 100 people killed in a 2003 nightclub fire, a victims' lawyer said Wednesday.

Mark Mandell, one of the lawyers for the families, announced the settlements at a court hearing Wednesday.

The fire at The Station nightclub in West Warwick was caused by pyrotechnics ignited by the rock band Great White. The pyrotechnics set ablaze flammable foam around the stage where the band was performing.

Polar Industries, based in Prospect, Conn., manufactured and sold the insulating foam that the victims' lawyers say was dangerous and defective. The material, called PolarGuard, was placed in the ceiling of the drummer's alcove by a prior club owner, presumably for soundproofing.

Atlanta-based Home Depot, the world's largest home improvement store chain, sold the material.

Polar Industries has said in court documents that the material came with safety warnings and that the club owners violated building codes by failing to cover PolarGuard with a proper thermal barrier.

Polar Industries referred calls Wednesday to its lawyer, who declined to comment.

Home Depot spokesman Jerry Shields confirmed that the insulation company's insurer had agreed to pay the entire $5 million. Home Depot said in a statement that it had not paid any money or admitted any liability.

"The company is saddened by the tragedy and has been vigilant in cooperating with the authorities in their investigation," the statement said.

Home Depot and Polar Industries join a handful of defendants who have agreed to settle with more than 300 people who sued over the fire. About 90 defendants remain.

The agreement brings to $18.5 million the total amount of settlement money offered so far.

A group of other defendants, including a pyrotechnic company, an alarm company and the realty company that leased the club to owners Jeffrey and Michael Derderian, agreed to settle this year for $13.5 million.

At Wednesday's hearing, U.S. District Judge Hon. Ronald Lagueux appointed Francis McGovern, a Duke University law school professor recommended by the lawyers for the victims' families, to the role of special master.

Lagueux will oversee the distribution of settlement proceeds in the case.