Colo. Judge Says Mass. Law Applies to Drywall Coverage Dispute

BOULDER, Colo. - A state court judge in Colorado has ruled that Massachusetts law will be applied to a dispute over whether the pollution exclusion applies to bar coverage of claims asserted against a Chinese drywall distributor. Probuild Holdings Inc., et al. v. Granite State Mutual Insurance Co., No. 10CV378 (Colo. Dist. Ct., Boulder Cty.).

Boulder County District Court Judge Lisa D. Hamilton-Fieldman ruled Jan. 17 that because multiple states have apparent ties to the circumstances surrounding the case, the choice of law governing the relevant insurance contract should be dictated by where the policy was negotiated and finalized. Those …