Builder: No Need to Join Underlying Plaintiffs to Drywall Coverage Action

MIAMI - A luxury home builder that filed a declaratory judgment action against its insurer for refusing to cover Chinese drywall claims has countered allegations that the case is subject to dismissal for failure to name the underlying plaintiffs as parties. CDC Builders Inc. v. Amerisure Mutual Insurance Co., No. 10-21678 (S.D. Fla.).

CDC Builders says in an Aug. 26 response to Amerisure Insurance Co.'s motion to dismiss the coverage lawsuit that the insurer's obligations under policies sold to CDC can be determined without the inclusion of the underlying plaintiffs or their complaints.

CDC Builders Inc. sued Amerisure Mutual Insurance …