Florida Judge Transfers Drywall Coverage Action to Louisiana

TAMPA, Fla. - A Florida judge has invoked the "first-filed rule" in transferring a Chinese drywall insurance coverage case to the MDL 2047 court in New Orleans after parties on both sides accused the other of forum shopping their respective declaratory judgment actions. Chartis Specialty Insurance Co., et al. v. Robert C. Pate, et al., No. 10-1465 (M.D. Fla.).

Judge Steven D. Merryday of the U.S. District Court for the Middle District of Florida ruled Sept. 22 that the rule supports transfer of claims brought by insurers against the trustee for the Chinese Drywall Trust that was created after builder …