Colo. Judge Questions Context, Existence of Pollutant in Denying Chinese Drywall Coverage Motions

BOULDER, Colo. — A state court judge presiding over a Chinese drywall coverage case in Colorado has determined that too many factual issues remain unresolved to award summary judgment to an excess insurer based on the pollution exclusion.

Boulder County District Court Judge Andrew Hartman said in an Oct. 4 consolidated order denying summary judgment on three separate issues that lingering disputes over whether Chinese drywall is a “pollutant” and whether the insured would have reasonably expected to be covered for drywall claims preclude an award in favor of the insurer.

Judge Hartman also denied as unripe a motion …