Drywall Coverage Action May Proceed Without Resolution of Underlying MDL Case, Judge Says

WEST PALM BEACH, Fla. - A Florida judge has denied a motion to stay a Chinese drywall insurance action while the underlying MDL case is resolved, ruling that a coverage determination can be made based on the allegations in the underlying complaint, rather than the facts presented in the case. General Fidelity Insurance Co. v. Foster, et al., No. 09-80743 (S.D. Fla.).

Judge K. Michael Moore of the U.S. District Court for the Southern District of Florida also ruled in his Sept. 10 order that the case would continue in Florida, despite the existence of a similar declaratory judgment action …