Judge Certifies Drywall Pollution Exclusion Question to Va. Supreme Court

NEWPORT NEWS, Va. - A federal judge in Virginia has asked the state Supreme Court to determine whether the term "pollutant," as it's defined in an insurance policy's pollution exclusion, pertains to the damaging sulfur compounds emitted from Chinese drywall. Nationwide Mutual Insurance Co. v. The Overlook LLC, et al., No. 10-69 (E.D. Va.).

In an April 12 order, Judge Mark S. Davis of the U.S. District Court for the Eastern District of Virginia certified to the Virginia Supreme Court a question that will ultimately determine whether a builder's effort to repair damage caused by Chinese drywall, and at least …