Florida Judge: Insurance Should Cover Chinese Drywall Case

May 9, 2011

A Florida judge has ruled that a couple’s damage from tainted Chinese drywall is covered by their homeowner insurance policy.

Hillsborough County Circuit Judge Robert Foster this week said he found no exclusion in the Springfield, Ill.-based Teachers Insurance Co. policy that should keep the company from paying to fix Craig and Melissa Walker’s Odessa home.

The Walkers had sued the insurance company for not covering their damages. The Tampa lawyer representing the insurance company argued that a “wear and tear” exclusion and a defective material exclusion pertained to the corrosion of the drywall.

Foster said the drywall was not defective because it “serves its purpose and functions as drywall” but it also emits a corrosive gas. The judge said the policy covered smoke damage, and he interpreted smoke to be the same as gas.

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