Fla. Judge Refuses to Dismiss, Transfer Mid-Continent Drywall Coverage Suit

FORT MYERS, Fla. - A federal judge in Florida has denied a motion to dismiss a Chinese drywall coverage case that shares common issues with one pending in Louisiana and similarly involves claims brought against bankrupt builder WCI Communities and its subcontractors. Mid-Continent Casualty Co. v. Robert C. Pate, et al., No. 10-121 (M.D. Fla.).

Judge John E. Steele of the U.S. District Court for the Middle District of Florida said Dec. 29 that dismissing or alternatively transferring the case in favor of the Louisiana action would be inappropriate despite the overlapping issues in both cases.

The instant case, filed …