Fla. Homeowner Says Court Erred in Applying Inference to Drywall Coverage Claim

ATLANTA - A Florida homeowner who appealed a decision denying coverage for Chinese drywall claims she brought against her builder has asked the 11th Circuit U.S. Court of Appeals to reverse the ruling because it was made in the absence of certainty that the damage to her home was caused by a pollutant. Foster v. General Fidelity Insurance Co., No. 11-11888 (11th Cir.).

In an appellant's reply brief filed Dec 8, Katherine Foster argues that there existed genuine fact issues as to how Chinese drywall used in the construction of her home caused the alleged damage and whether the causative …