Amerisure Seeks Declaration that Drywall 'Off-Gassing' is a Pollutant

MIAMI - Amerisure Insurance Co. has filed a declaratory judgment action, asking the court to rule that sulfur "off-gassing" from allegedly defective Chinese drywall falls under the pollution exclusion contained in policies the insurer sold to a Florida housing developer. Amerisure Insurance Co. v. Albanese Popkin The Oaks Development Group L.P., et al., No. 09-81213 (S.D. Fla.).

Amerisure argues in a complaint filed Aug. 21 in the U.S. District Court for the Southern District of Florida that based on the unambiguous language of the total pollution exclusion, it has no duty to defend or indemnify Albanese Popkin The Oaks Development …