Insurer Can't Use Pollution Exclusion To Exit Drywall Suit

Law360, New York (October 7, 2013, 3:58 PM EDT) -- A Colorado state court on Friday refused to adopt Fireman's Fund Insurance Co.'s argument that an absolute pollution exclusion blocked coverage for defective Chinese drywall claims in multidistrict and other litigation against ProBuild Holdings Inc., while denying both sides a quick win.

Judge Andrew Hartman turned down two motions for summary judgment from Fireman's, as well as a summary judgment motion by ProBuild, setting up a November trial in the coverage case. At issue in the suit is whether Fireman's should cover a $1.1 million share...
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