Lee, Hillsborough County Judges Apply Pollution Exclusion to Drywall Claims

FT. MYERS, Fla. - Two Florida state court judges have held that pollution exclusions in policies sold to installers of Chinese-made drywall preclude coverage for claims stemming from the allegedly defective product. FCCI Insurance Co. v. S3 Enterprises Inc., No. 10-CA-002850 (Fla. Cir. Ct., Lee Cty.); FCCI Commercial Insurance Co., et al. v. Residential Drywall Inc., No. 10-23495 (Fla. Cir. Ct., Hillsborough Cty.).

In separate decisions issued last month in Hillsborough County and Lee County Circuit Courts, FCCI Insurance Co. was relieved of its obligation to defend or indemnify its insured in numerous state and federal lawsuits filed against S3 …