First-Party Coverage Action Dismissed Despite Insurer's Opposition

FORT MYERS, Fla. - A federal judge has granted a motion by plaintiffs to voluntarily dismiss their homeowners' coverage action against an insurer that claimed it was in its best interest to keep the case active. Baker v. American Home Assurance Co., No. 09-188 (M.D. Fla.).

Judge Charlene Edwards Honeywell of the U.S. District Court for the Middle District of Florida ruled March 11 that the plaintiffs' financial woes, mostly resulting from pending foreclosure on their Chinese drywall-damaged home, were sufficient to permit voluntarily dismissal of the action, despite the defendant's position.

Keith and Linda Baker were among the first …