Analyzing Orleans Parish Decision Striking Homeowners Insurance Co.’s Affirmative Defenses

Last week, it was widely reported that Orleans Parish Judge Medley issued a ruling striking certain policy exclusions relied upon by a home insurer in denying a Chinese Drywall claim. We posted about the news on our blogs as well. Since then, the plaintiff's motion and the judge's actual order has circulated through news agencies […]

Orleans Parish Judge Says Insurance On The Hook for Chinese Drywall

In the past, we've discussed whether homeowner insurance policies will be liable for Chinese Drywall damages.   This week, Judge Medley in Orleans Parish Civil District Court gave Louisiana it's first answer holding that the exclusions relied upon by the Defendant insurance companies didn't make the cut. Of course, the Defendant insurance company (Audubon Insurance […]

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, […]

Pollution Exclusion at Center of 5th Circuit Decision this Week

On April 22, 2009, the U.S. Fifth Circuit released an opinion in Nautilus Insurance Company v. Country Oaks Apartments, Ltd. that may bear some significant on the question of whether contractor GL insurance policies will cover Chinese Drywall claims. Explaining The Suit The suit required the appeals court to address the scope of the absolution […]

Builders Starting To Tango with Chinese Drywall Claims

As the Chinese Drywall crisis unfolded over the last few months, news reports were abound of class action litigation against large drywall manufacturers, but it appeared that builders were getting a "free pass" on liability. Unfortunately, but inevitably, it appears the tide is changing. Recently, the shoe dropped for Lennar Co., who was arguably the […]

Home Builders v. Insurance Pollution Exclusion on Chinese Drywall Claims

In the Chinese Drywall litigation world, the flame is getting closer and closer to contractors, suppliers and home builders.  Just this week it was reported that Lennar Co. was named in a Florida class action and a comment on this blog suggested that an individual suit against a builder had been filed. As these actions […]