David v. Goliath – The Difficult Task of Fighting Your Insurance Company

I was recently speaking with a client about the posture of a pending case and the client was surprised to know that nearly all of the insurance companies that were originally brought into the suit had whittled their way out due to policy limitations, lack of coverage and policy exclusions. Most laymen, including contractors and […]

Fast Action Required To Make Homeowners Insurance Claims

In the past, we discussed whether Homeowners Insurance will be liable for Chinese Drywall damages in Louisiana.  While the jury is still out on this issue, we've posted on a number of occasions that the courts may very well find coverage for chinese drywall losses within homeowner insurance policies. Now, many are reporting that a […]

Chinese Drywall? Make A Claim with Homeowners Insurance…And Do It Quickly.

Should Louisiana homeowners be filing homeowner insurance claims for their Chinese Drywall damages?   The answer is complicated, but ultimately, our answer is yes. Will There Be Coverage? Over the past few months, we've discussed whether insurance companies will cover losses related to Chinese Drywall (See Insurance Coverage category). Our predication was that claims would be […]

Are Chinese Drywall Losses “Uninsured?”

Late in July, "ClaimsJournal.com" published an online article titled:  "Chinese Drywall:  Builders and Subs Face Huge Uninsured Losses."   The article's author takes its reader through a number of hot-button issues related to the insurance coverage available to homeowners and builders for Chinese Drywall damages. Calling the per house damages "astronomical," the article warns that many […]

Some Claim Insurance Will Not Cover Chinese Drywall Losses. Is it True?

The Controversy and Uncertainty This much is clear:  it is not certain how the courts will interpret insurance policies and insurance policy exclusions, as they apply to Chinese Drywall claims. Many predict that the insurance industry will rely on what is called a "pollution exclusion" to deny Chinese Drywall insurance claims. A South Carolina Construction […]

Homeowner Sues Their Homeowners Insurer for Chinese Drywall Defects

On the Chinese Drywall Blog, we've talked about class action suits, individual suits against builders and suppliers, suits by builders against its suppliers, and other similar actions. However, in Florida, one couple seeks to hold another party liable for their Chinese Drywall damages:  their own homeowners insurer. The claim makes a great deal of sense, […]