Judge Dismisses Motion to Certify Pollution Exclusion Question to Va. Supreme Court

NORFOLK, Va. - A federal court in Virginia has dismissed an attempt to have the state's Supreme Court decide whether the pollution exclusion applies to Chinese drywall claims, determining that the high court already declined to address the issue in a similar case. Evanston Insurance Co. v. Harbor Walk Development LLC, No. 10-312 (E.D. Va.).

Judge Raymond A. Jackson of the U.S. District Court for the Eastern District of Virginia said Aug. 9 that the Virginia Supreme Court's refusal to accept the identical certified question in a related drywall case renders the renewed certification effort moot.

Several homeowners who were …