Fla. Plaintiff Says Court Erred in Applying Exclusion to Drywall Coverage Claim

ATLANTA - A Florida homeowner has asked the 11th Circuit U.S. Court of Appeals to reverse a lower court's finding that the pollution exclusion bars coverage for a class action lawsuit she filed against her builder after discovering that Chinese drywall was used in the construction of her home. Foster v. General Fidelity Insurance Co., No. 11-11888 (11th Cir.).

Katherine Foster filed an appellant's brief June 22, arguing that the district court erred when it awarded summary judgment to General Fidelity Insurance Co. in a declaratory judgment action the insurer filed against Foster and its builder Northstar Holdings Inc.

Foster …