Florida Courts Bars Post-Manifestation Coverage For Chinese Drywall
A federal district court in Miami ruled earlier today in Amerisure Ins. Co. v. Albanese Popkin, . No. 09-81213 (S.D. Fla. November 30, 2010) that the liability insurer of a property developer had no duty to provide coverage for Chinese Drywall claims that had manifested prior to the issuance of the policy. Notwithstanding the fact that the insured argued that the presence of the drywall had caused continuing injuries to the homeownwer that had persisted during Amerisure's 2008-2009 policy, Judge Marra declared that the loss had manifested in 2006, when the homeowners first complained of odors and that the continuing nature of the injuries thereafter was "irrelevant."
Congrats to Don Elder of the Tressler firm for this win.
