No Coverage Owed For Remediation Of Defective Drywall, Federal Judge Says

NORFOLK, Va. – An insured seeking coverage for remediation costs it incurred as a result of defective Chinese drywall is not entitled to coverage because the threat of litigation does not constitute damages under the policies at issue and the insured had no legal obligation to incur the remediation costs as damages, a Virginia federal judge said June 13 (Builders Mutual Insurance Co. v. Dragas Management Corp., No. 09-185, E.D. Va.; 2011 U.S. Dist. LEXIS 63571).
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