Florida Judge: Insurance Should Cover Chinese Drywall Case

May 9, 2011

  • May 9, 2011 at 3:24 pm
    Gene Pool says:
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    Smoke Damage results from a covered peril – fire. What’s the covered peril for Chinese drywall? Where do these judges get their education – Kinder Care?

    • May 9, 2011 at 4:41 pm
      Insurance should cover it says:
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      What the heck, I’m sure there’s SOME Chinese insurance companies out there somewhere! Right?

  • May 9, 2011 at 3:24 pm
    Former Horace Mann employee says:
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    Couldn’t happen to a nicer company… Years ago this was a premier company but they’ve gone downhill with the loss of some good personnel who acted responsibly toward their clients.

  • May 9, 2011 at 4:45 pm
    The Other Point of View says:
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    Gene, you’re mistaken. In a named perils policy, smoke is a covered peril. Yes, smoke damage can result from the covered peril of fire, but smoke damage is also listed separately as its own covered peril. You don’t have to have a fire to get coverage for smoke damage. I’m not saying I agree that the gas that comes from the drywall qualifies as smoke, but the judge explained why he thought so in his opinion.

  • May 10, 2011 at 9:15 pm
    Precision Claim Associates says:
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    I am assuming that all chinese drywall produced in this manner will cause off gas. That being true, these claims seem to lack the essential element of “risk” (vs certain damage) and would therefore not meet the insuring agreement in place on most Florida policies.



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