Virginia Case Rules that Proactive Remediation Measures and Expenses are Not Covered in Chinese Drywall Recovery Action


Opinion from Virginia http://valawyersweekly.com/vlwblog/files/2010/03/chinese-dec-opinion.pdf

Virginia homebuilder took proactive steps to remediate allegedly deficient home product due to the integration of Chinese manufactured drywall.  The opinion speaks for itself, although it sends a message that if a claim is not covered, it is irrelevant as to who brings the eventual coverage suit.  The court found no coverage and, thus, the homebuilder was not able to recoup repair costs. 

Editor’s Note:  While we all applaud the building company (Dragas Construction) for remediating in a pro-active matter, contractual policy considerations do not create coverage based on the identity of the claimant……at least in Virgina.

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