Va. State Court Judge Says Drywall Damage, Injuries Excluded from Coverage

VIRGINIA BEACH, Va. - A Virginia state court judge has ruled that the pollution exclusion in a homeowners' insurance policy bars coverage for Chinese drywall-related property damage and personal injury to children living in the affected residence. Proto, et al. v. The Futura Group LLC, et al., No. CL09-2455 (Va. Cir. Ct., Virginia Beach).

In a May 6 letter opinion, Judge Patricia L. West of the Virginia Beach Circuit Court awarded summary judgment to Metropolitan Property and Casualty Insurance Co., determining that the exclusion unambiguously bars coverage for damage caused by a pollutant or contaminant, regardless of its origin. Sulfur-dioxide …