Fla. Judge Enters Judgment for Insurer in 1st Party Drywall Coverage Dispute

FT. LAUDERDALE, Fla. - A federal judge in Florida has granted an insurer's motion for judgment on the pleadings, determining that a pollution exclusion in an all-risk homeowner's policy bars coverage for property damage caused by Chinese drywall. Hutchings v. American Home Assurance Co., No. 11-60072 (S.D. Fla.).

Judge William P. Dimitrouleas of the U.S. District Court for the Southern District of Florida ruled Feb. 27 that there should be no objectively reasonable expectation that the more than $1.5 million in damages caused to Wesley Hutchings's Parkland, Fla., home would be covered under the policy. According to Judge Dimitrouleas, Hutchings's …