Insurer Appeals Va. Judge's Ruling on Duty to Defend Drywall Case

RICHMOND, Va. - Builders Mutual Insurance Co. has appealed a recent decision that it has a duty to defend a builder against a state court Chinese drywall case, despite the insurer's claim that a pollution exclusion in its policy barred coverage for the suit. Builders Mutual Insurance Co. v. Parallel Design & Development, No. 11-1965 (4th Cir.).

Builders Mutual filed a notice of appeal Sept. 7 in U.S. District Court for the Eastern District of Virginia, where earlier this year Judge Mark S. Davis awarded summary judgment, sua sponte, to builder Parallel Design & Development LLC. In doing so, Judge …