Insurer Fights Homeowners' Claim, Opposes Drywall-Smoke Damage Classification

TAMPA, Fla. - An insurer named in a first-party coverage action in Florida has filed a motion for summary judgment, arguing that the Chinese drywall damage alleged by the insured is not a covered peril under the policy even where the homeowners attempt to classify the loss as "smoke-related." Walker v. Teachers Insurance Co., No. 09-17303 (Fla. Cir. Ct., Hillsborough Cty.).

Teachers Insurance Company says in a Nov. 5 motion for summary judgment filed in Hillsborough County Circuit Court that the court shouldn't consider whether off-gassing from corrosive drywall can be classified as smoke because the damaged allegedly caused by …