HarrisMartin: Fla. Judge Says Pollution Exclusion Bars Coverage for Drywall Claims Against Builder

MIAMI - A federal judge in Florida has ruled that a total pollution exclusion contained in a commercial general liability policy precludes coverage for Chinese drywall claims asserted against a homebuilder. General Fidelity Insurance Co. v. Foster, et al., No. 09-80743 (S.D. Fla.).

In a March 24 decision, Judge K. Michael Moore of the U.S. District Court for the Southern District of Florida awarded summary judgment to General Fidelity Insurance Co., finding that a plaintiff's allegations of drywall-related property damage and personal injury asserted against Northstar Holdings Inc. fall squarely within the exclusion.

"There is nothing ambiguous about the exclusion …