Recent Guidance For Insurers On Counting Drywall Events

Law360, New York (April 3, 2013, 12:04 PM EDT) -- Despite the proliferation of litigation in recent years surrounding defective Chinese drywall, relatively few courts have been required to determine the number of occurrences in this context for purposes of liability insurance coverage. In cases where courts find coverage — where there is no applicable pollution exclusion and other coverage defenses have been rejected — determining the number of occurrences can be a critical issue. Two federal district courts recently addressed the number of occurrences in the context of coverage for drywall claims.

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