Installer, Primary Insurer Sue to Designate Drywall Damage as Single 'Occurrence'

MIAMI - A drywall installer and its primary CGL insurer have filed a declaratory judgment action in Florida, arguing that the installation of allegedly defective Chinese drywall in a 122-unit condominium complex constitutes a single occurrence and limits coverage to $1 million. Coastal Construction of South Florida Inc., et al. v. Everest National Insurance Co., No. 12-80380 (S.D. Fla.).

The April 10 complaint in U.S. District Court for the Southern District of Florida was filed against Everest National Insurance Company, which provided $10 million in annual aggregate coverage under an excess policy it sold to Coastal Construction of South Florida …