Absent Suit, Insurer Can't Pursue Drywall Coverage Case Against Church, Judge Says

HATTIESBURG, Miss. - A Mississippi judge has dismissed a declaratory judgment action filed against a church that was damaged as a result of Chinese drywall, determining that a coverage determination cannot be made where there is no indication that the church is seeking recovery for the damages. Alfa Insurance Corp. v. Praise Tabernacle Holiness Church, No. 10-141 (S.D. Miss.).

Judge Keith Starrett of the U.S. District Court for the Southern District of Mississippi said in the Nov. 4 ruling that without evidence of a judicial controversy, the court lacks jurisdiction over the insurance coverage complaint that was filed by Alfa …