LexisNexis® Legal Newsroom
Hot Issues in Construction Defects Insurance Coverage

A March 4, plenary session at the ICLC annual meeting was devoted to hot issues in construction defects insurance coverage. These include: (1) issues arising out of the Chinese drywall problem-some drywall manufactured in China emit sulfur fumes associated with respiratory and sinus problems in some...

$2.6m Default Judgment for Chinese Drywall Plaintiffs

NEW ORLEANS - (Mealey's) The judge overseeing the federal Chinese drywall multidistrict litigation awarded seven Virginia families more than $2.6 million in damages April 8 against a manufacturer that has already been held in default; the judge made no mention, however, of how the judgment might...

Conrod of Kaufman & Canoles on 'Legally Obligated' Chinese Drywall Insurance Case

(Please visit the site to view this video) From the insurance coverage disputes arising from the Chinese drywall litigation came a ruling by Judge Rebecca Beach Smith of the U.S. District Court in Norfolk, Va. recognizing that remediation costs are not covered absent a legal obligation but, for now...

Ryan of Krupnick Campbell on Chinese Drywall Remediation

(Please visit the site to view this video) Michael Ryan of Krupnick Campbell Malone Buser Slama Hancock Liberman & McKee spoke on remediation protocols during HB Litigation Conferences' recent conference on Chinese drywall litigation and insurance coverage. Ryan represents plaintiffs in this...

Weekly LexisNexis Video News Update - June 21, 2010

Among the stories on this video edition of LexisNexis Legal News, investors of BP on June 8th filed a securities fraud class action against the company on behalf of shareholders worldwide, alleging the company misrepresented the safety of its Gulf of Mexico oil-drilling operations, and a key Chinese...

Kyle N. Roehler on “The Storm of Coverage Questions Is Approaching—Will Contractors Be Covered for Chinese Drywall Claims?”

By Kyle N. Roehler, Attorney, Foland Wickens Eisfelder Roper & Hofer, P.C. In his article appearing in the July/August 2010 issue of Coverage , Mr. Roehler warns of the coming wave of insurance claims and ensuing coverage litigation over sulfur emissions from defective Chinese drywall. The article...

New Developments in Chinese Drywall Claims -- Summer 2010

By Ellen Clarke and Sallie Kraus The pace of litigation in the Chinese drywall ("CDW") claims has escalated in recent months. It is alleged that the gypsum that was used to manufacture that drywall came from particular Chinese mines and became contaminated with other potentially dangerous...

Chinese Drywall Cases And Their Impact On Carriers In Settling Multiple Claims In Good Faith In Certain State Courts

By R. Steven Rawls and Ryan K. Hilton Mealey's Litigation Report: Insurance Bad Faith I. Introduction Many insurers that issued liability policies to homebuilders in the southeast United States are receiving an influx of Chinese-drywall claims. Between 2004 and 2007, an estimated 100,000 homes...

Knauf Plasterboard Tianjin Enters Settlement to Remediate Up to 300 Homes Impacted by KPT's Defective Drywall

NEW ORLEANS - (Mealey's) The Plaintiffs' Steering Committee (PSC) in the Chinese Drywall multidistrict litigation and defendant Knauf Plasterboard Tianjin (KPT) today announced a settlement to remediate up to 300 homes in Alabama, Mississippi, Louisiana and Florida impacted by KPT's defective...

Holy Mau: Florida Federal Court Rejects Continuous Trigger for Chinese Drywall Claims

I am serious. And stop calling me Shirley. By Randy Maniloff, Partner, White and Williams LLP Chinese drywall -- litigation over the smell of a rotten egg, uh, rolls on. For some insurers, Chinese drywall is a potentially large exposure. With that said, and since Chinese drywall coverage decisions...

For Insurers In Pennsylvania: Courts Continue to Sing The Praises of Kvaerner And Gambone

By Randy Maniloff, Partner, White and Williams LL Karen Carpenter, on life as an insurer in Pennsylvania handling construction defect claims: Everything I want the world to be Is now comin’ true especially for me And the reason is clear, it’s because Gambone is here It’s...

Application of Exclusion to Drywall Claim Does Not Render Coverage Illusory

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP The United States District Court for the Southern District of Florida has held on several occasions that the pollution exclusion applies to Chinese drywall claims. See, e.g., CDC Builders, Inc. v. Amerisure Mut. Ins. Co., 2011...

McCarter & English LLP on Chinese Drywall Litigation and Insurance Coverage

By Nicholas Insua, Jason Alexander & Michael Smith, Attorneys, McCarter & English, LLP In their commentary, "Update: Chinese Drywall Litigation Continues," Nicholas Insua, Jason Alexander & Michael Smith of McCarter & English, LLP, first note that the housing boom of the...

Environmental Coverage Summary: 2013 – Cases Interpreting the "Absolute" Pollution Exclusion

By Ellen J. Zabinski and Adam H. Fleischer Even a small sampling of 2013's leading insurance coverage decisions in the environmental realm clearly demonstrates the stark differences from state to state as to: whether injury from contaminants is really considered "pollution"; whether...