Florida Judge Says Insurer Has No Duty to Defend Developer Against Drywall Suit

MIAMI - A federal judge in Florida has entered judgment in favor of Amerisure Insurance Co. after determining that it has no duty to defend an insured against claims alleging damage caused by Chinese drywall that first occurred prior to the effective date of an insurance policy. Amerisure Insurance Co., et al. v. Albanese Popkin The Oaks Development Group, et al., No. 09-81213 (S.D. Fla.).

The ruling was issued Nov. 30 by U.S. District Court Judge Kenneth A. Marra, who held that coverage for drywall damage is not continuously triggered when the underlying complaint clearly alleges that damage was sustained …