A Colorado state court applied Massachusetts law to deny an excess carrier’s summary judgment motion that sought to disclaim coverage for defective Chinese drywall claims. Specifically, the court found that use of the term “pollutant” within the absolute pollution exclusion to be ambiguous “at this stage in the proceedings.” In doing so, the court set the case up for trial.
The underlying claims giving rise to this coverage matter involve allegations that defective drywall, imported into the U.S. from China, was installed into homes. It …
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