According to this piece on the Fox News Orlando, a judge in Hillsborough County, Florida, has ruled that standard homeowners insurance should cover damage to a home caused by defective Chinese Drywall. This is an important ruling because homeowners who are experiencing all of the problems associated the Chinese drywall — fumes, mold, illness — are having a nearly impossible time getting the Chinese drywall manufacturers to compensate them.
In Tampa, Teachers Insurance Co. had argued that its policy’s wear and tear, and defective building materials exclusions should apply, and that the homeowner should not get the benefit of insurance coverage. Additionally, the Court determined that the off-gassing caused by the defective drywall constituted smoke under the policy language, and decided that the insurance policy should pay.
While this is good news in the short term, as an experienced Orlando insurance dispute lawyer, I would not be at all surprised to see this trial judge’s decision appealed to the Second District Court of Appeals, where I predict that coverage will ultimately be defeated.
If you have any questions about Chinese drywall, or homeowners insurance coverage, call Orlando accident attorney Kim Michael Cullen at 407-644-4444.