Judge Refuses to Dismiss Coverage Action for Failure to Join Drywall Plaintiffs

MIAMI - A builder that sued its insurer for coverage of Chinese drywall claims did not need to attach copies of the underlying lawsuits or name the plaintiff condominium owners as parties to the declaratory judgment action, a federal judge in Florida has ruled. CDC Builders Inc. v. Amerisure Mutual Insurance Co., No. 10-21678 (S.D. Fla.).

Denying a motion by Amerisure Mutual Insurance Co. to dismiss the coverage complaint, Judge Alan S. Gold held March 16 that because the underlying cases have not been resolved, and any interest the plaintiffs may have in the outcome of the insurance action is …