Hazardous Materials Exclusion Precludes Coverage of Drywall Claims Against Installer

MIAMI - Colony Insurance Co. does not have a duty to defend a contractor-insured against claims arising from the installation of Chinese drywall in a Miami Beach home, a federal judge in Florida has ruled. Colony Insurance Co. v. Total Contracting & Roofing Inc., No. 10-23091 (S.D. Fla.).

On Oct. 18, Judge Patricia A. Seitz of the U.S. District Court for the Southern District of Florida awarded summary judgment to Colony, determining that a hazardous materials exclusion in policies sold to Total Contracting & Roofing Inc. precluded coverage for the drywall claims.

Judge Seitz also rejected an argument by a …