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For Insurers In Pennsylvania, Courts Continue to Sing The Praises Of Kvaerner And Gambone

By Randy Maniloff, Partner, White and Williams LLP 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 the...

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...

CDC Review Finds No Link Between Chinese Drywall, 11 Deaths

ATLANTA — A review provided to the U.S. Consumer Product Safety Commission (CPSC) by the Centers for Disease Control and Prevention's (CDC) National Center for Environmental Health finds that there is no evidence linking exposure to problem drywall and 11 reported deaths. The CDC review confirms...

Settlement Reached With Supplier Of Tainted Chinese Drywall Products

NEW ORLEANS - (Mealey's) Attorneys involved in MDL 2047 announced April 26 that a settlement agreement has been reached between the plaintiffs and a local supplier of tainted Chinese drywall ( In re: Chinese-Manufactured Drywall Products Liability Litigation , No. 2:09md02047, E.D. La.). The...

Settlement Reached with Supplier of Tainted Chinese Drywall Products

NEW ORLEANS - (Mealey's) Attorneys involved in MDL 2047 announced today that a settlement agreement has been reached between the plaintiffs and a local supplier of tainted Chinese drywall ( In re: Chinese-Manufactured Drywall Products Liability Litigation , No. 2:09md02047, E.D. La.; See April...

Preliminary $55M Settlement Reached With Florida Homeowners In Chinese Drywall Action

NEW ORLEANS - (Mealey's) Parties in MDL 2047 announced June 14 that a preliminary $55 million settlement has been reached between Florida-based drywall suppliers, their insurers and a proposed class of homeowners whose properties were damaged by tainted Chinese drywall ( In re: Chinese-Manufactured...

Florida Homeowners Reach $55M Settlement In Chinese Drywall Action

NEW ORLEANS -- (Mealey's) Parties in MDL 2047 announced June 14 that a preliminary $55 million settlement has been reached between Florida-based drywall suppliers, their insurers and a proposed class of homeowners whose properties were damaged by tainted Chinese drywall ( In re: Chinese-Manufactured...

Florida Firm OKs $55 Million Chinese Drywall Settlement

NEW ORLEANS - (AP) A Miami-based supplier of tainted Chinese drywall agreed in a court filing Tuesday to a $55 million settlement of claims that the corrosive product damaged homes, all or nearly all of them in Florida. The proposed settlement, which requires approval from U.S. District Judge Eldon Fallon...

Good Deeds Still Going Punished? (Dragas Part III)

If you recall, a bit over a year ago I posted regarding the Builders Mut. Ins. Co. v. Dragas Management Corp. litigation in the Eastern District of Virginia federal court. [ enhanced version available to lexis.com subscribers ] Back in May of 2010, the Court dismissed a suit by a contractor that voluntarily...

Virginia Construction Law Roundup

Recently the state and federal courts here in the Commonwealth of Virginia made two construction law rulings that I thought you all would find interesting. The first of these involves the infamous Chinese drywall discussed in this blog on a couple of occasions. In another ruling in the continuing...

Dragas Management: The Saga Continues

I am beginning to think that I should start a page just dedicated to the Dragas Management Chinese Drywall saga. If you remember, Dragas is the company that tried to do the right thing and help its customers. However, it made the mistake of doing this without a "claim" so its insurance...

The Dragas Management Chinese Drywall Saga Goes On

I am beginning to think that I should start a page just dedicated to the Dragas Management Chinese Drywall saga. If you remember, Dragas is the company that tried to do the right thing and help its customers. However, it made the mistake of doing this without a "claim" so its insurance did...

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...

Florida Federal Court: Pollution Exclusion Applies To Chinese Drywall Claims

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...

Parties In Chinese Drywall Litigation Announce New Settlement Program

NEW ORLEANS -- (Mealey's) Parties in the Chinese drywall multidistrict litigation on Nov. 16 announced a resolution to repair hundreds of homes constructed with defective drywall manufactured by Knauf Plasterboard Tianjin (KPT) ( In re: Chinese-Manufactured Drywall Products Liability Litigation ...

Parties In Defective Chinese Drywall Litigation Propose Class Action Settlement

NEW ORLEANS - (Mealey's) Parties in the Chinese drywall multidistrict litigation in a Louisiana federal court on Dec. 15 announced a proposed class action settlement that would potentially resolve thousands of claims involving defective drywall manufactured by Knauf Plasterboard Tianjin (KPT) ( In...

Judge Gives Preliminary OK To Settlement In Chinese Drywall Litigation

NEW ORLEANS - (Mealey's) The federal judge in Louisiana presiding over the Chinese drywall multidistrict litigation on Jan. 10 preliminarily approved a settlement that would resolve thousands of claims involving defective drywall manufactured by Knauf Plasterboard Tianjin (KPT) ( In re: Chinese-Manufactured...

Update: Chinese Drywall Litigation Continues

Recent developments have resolved many of the previously open questions concerning allegedly contaminated Chinese drywall as to both liability and insurance coverage. Settlement efforts by one of the primary manufacturers have also helped provide clarity and predictability. In this Commentary, Nicholas...

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...

McCarter and English on Chinese Drywall Litigation Continues

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...

McCarter & English Update: Litigation Over Chinese Drywall Continues, With Some Clarity

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 mid...

Sometimes Carriers Have to Defend Chinese Drywall Cases

\Well, I'm back from vacation and almost dug out from under the stack that was on my desk when I returned and can now get back to Musings . Thanks for awaiting my return (I'm sure it was with baited breath ) I have spoken here at Construction Law Musings on the Dragas line of cases that essentially...

Federal Judge Issues Order Approving 5 Defective Drywall Settlements

NEW ORLEANS - (Mealey's) The federal judge in Louisiana presiding over the massive Chinese-manufactured defective drywall litigation issued an order Feb. 7 approving five class action settlements with manufacturers, builders, suppliers and installers of Chinese drywall and their various insurers...

Holy Mau: A New Kind Of Chinese Drywall Claim

Chinese drywall -- litigation over the smell of a rotten egg, er, rolls on. There has been lots of coverage litigation over the past few years concerning various issues associated with Chinese drywall. But last week’s decision in Chartis Property & Casualty Company v. Jassy, No. 12-2087 (M...

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...