Judge Won't Revisit Duty to Defend Issue in Va. Drywall Coverage Case

NORFOLK, Va. - A Virginia judge has refused to revisit the issue of whether an insurer has a duty to defend a builder for Chinese drywall-related liability after determining that costs associated with remediating drywall-affected homes were not covered under the builder's policies. Builders Mutual Insurance Co. v. Dragas Management Corp., et al., No. 09-185 (E.D. Va.).

On Aug. 8, Judge Rebecca Beach Smith of the U.S. District Court for the Eastern District of Virginia denied Dragas Management Co.'s motion for relief from a judgment in June, dismissing Dragas' counterclaim that its insurers have a duty to defend the builder. …