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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...

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...

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...