Insurer: Exclusions, Lack of Specificity Bar Coverage for Payton Claims

FT. MYERS, Fla. - An insurer has sued a Florida couple and the construction company the couple named in an omnibus federal Chinese drywall class action, arguing that allegations in the lawsuit are insufficient to convey an obligation to cover the claims. SUA Insurance Co. v. Tikal Construction Co., et al., No. 10-406 (M.D. Fla.).

SUA Insurance Company also maintains in its declaratory judgment action filed June 25 in U.S. District Court for the Middle District of Florida that numerous exclusions in the policy it sold to insured Tikal Construction Co. preclude any duty to defend or indemnify the company …