Va. Supreme Court Declines to Take Up Drywall Pollution Exclusion Question

NEWPORT NEWS, Va. - The Virginia Supreme Court has opted not to address the issue of whether an insurance policy's pollution exclusion applies to bar coverage for damage and personal injury allegedly caused by Chinese drywall. Nationwide Mutual Insurance Co., et al. v. The Overlook LLC, et al., No. 110695 (Va. Sup. Ct.).

In a one-page order issued April 22, the state high court declined to accept a certified question from the U.S. District Court for the Eastern District of Virginia, which requested guidance on whether the term "pollutant" contained in the exclusion could pertain to damaging sulfur compounds emitted …