In Re Chinese Manufactured Drywall Products Liability Litigation

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• reasoning that ensuing loss clause does not apply to damages that are a direct and continuous result of workmanship defect (applying Louisiana law)
• finding that a bad faith penalty claim fails when it is determined that coverage was not due under the policy
• finding that the Chinese drywall was not a pollutant because it caused only property damage
• ensuing loss clause not applicable to damages that are a direct and continuous result of workmanship defect
• “[A] court may take judicial notice of items in the record of the case . . . in reviewing a motion to dismiss.”
• “The requirement that the loss be ‘physical[]’ . . . preclude[s] any claim against the property insurer when the insured merely suffers a detrimental economic impact unaccompanied by a distinct, demonstrable, physical alteration of the property.”

Source: CourtListener parenthetical corpus (CC0).