Fla. Judge Finds Pollution Exclusion Applicable to Drywall Claims Against Builder

MIAMI — A Florida judge has awarded summary judgment to First Specialty Insurance Co., ruling it has neither a duty to defend nor indemnify a builder for a class action filed by owners of a Florida condominium that was built with Chinese drywall. First Specialty Insurance Corp. v. Milton Construction Co., No. 12-20116 (S.D. Fla.).

Judge Robert N. Scola Jr. of the U.S. District Court for the Southern District of Florida said in the July 16 decision that a total pollution exclusion in policies First Specialty issued to the builder bars coverage for the Chinese drywall claims.

First Specialty insured …