Court Rejects Plaintiffs' Attempt to Add Bad Faith Claim to Drywall Suit

WEST PALM BEACH, Fla. - A federal judge has refused to allow Chinese drywall plaintiffs to include bad faith allegations in a counterclaim they filed against an insurer that filed a declaratory judgment action against them and their developer. Amerisure Insurance Co. v. Albanese Popkin The Oaks Development Group, et al., No. 09-81213 (S.D. Fla.).

Judge Kenneth A. Marra of the U.S. District Court for the Southern District of Florida ruled May 10 that the bad faith claims Alan and Annette Goddard sought permission to add to their counterclaim are premature since no decision has been reached on the insurer's …