Ruling Leaves Chinese Drywall Question Still Hanging

Aug 24, 2016

The Florida Supreme Court has decided it won’t hear a Tampa couple’s lawsuit over faulty Chinese-manufactured drywall.

The Florida Supreme Court refused to hear a Tampa couple's appeal in a lawsuit over faulty Chinese-manufactured drywall.

Stacey and William Peek sued American Integrity Insurance Company of Florida, arguing humidity was a “concurrent” cause of the drywall’s noxious fumes.  Attorney Steve Brannock says the ruling leaves a big question unanswered.

“This was a big problem in Florida, and so the ambiguity in their policy probably exists in many other policies, so I thought that it was important that the court resolve that.”

The Peek’s policy covered heat and humidity damage but not defective drywall. Brannock argues the insurance company has the burden to prove humidity didn’t trigger the drywall to fail, but the Second District Court of Appeals disagreed.