Pollution Exclusion Bars Coverage for 3 Suits Against Builder, Va. Judge Rules

NORFOLK, Va. - A federal judge has ruled that coverage for Chinese drywall claims asserted against a builder in three separate Virginia lawsuits is barred by a pollution exclusion contained in commercial general liability policies sold to the defendant. Evanston Insurance Co. v. Harbor Walk Development LLC, et al., No. 10-312 (E.D. Va.).

In a Sept. 9 decision awarding summary judgment to Evanston Insurance Co., Judge Raymond A. Jackson of the U.S. District Court for the Eastern District of Virginia refused to depart from similar rulings issued by the court that relieved insurers of their duty to defend and indemnify …