Concurrent Cause Law Inapplicable to 1st-Party Drywall Coverage Claim, Judge Rules

FT. MYERS, Fla. - A state court judge in Florida has ruled that a homeowners insurance policy does not cover damage caused by Chinese drywall, despite claims by the insured that concurring causes otherwise covered by the policy contributed to their loss. Harmer v. American Integrity Insurance Co. of Florida, No. 10-CA-002242 (Fla. Cir. Ct., Lee Cty.).

Lee County Circuit Court Judge Michael T. McHugh awarded summary judgment March 9 to American Integrity Insurance Co. of Florida based on pollution and faulty materials exclusions contained in a policy it sold to David and Heidi Harmer.

The Harmers sought coverage under …