Chinese drywall? Goodbye, insurance

WEST PALM BEACH, Fla. (AP) — James and Maria Ivory’s dreams of a relaxing retirement on Florida’s Gulf Coast were put on hold when they discovered their new home had been built with Chinese drywall that emits sulfuric fumes and corrodes pipes. It got worse when they asked their insurer for help — and not only was their claim denied, but they’ve been told their entire policy won’t be renewed.

Thousands of homeowners nationwide who bought new houses constructed from the defective building materials are finding their hopes dashed, their lives in limbo. And experts warn that cases like the Ivorys’, in which insurers drop policies or send notices of nonrenewal based on the presence of Chinese drywall, will become rampant as insurance companies process the hundreds of claims in the pipeline.

At least three insurers have already canceled or refused to renew policies after homeowners sought their help replacing the bad wallboard. Because mortgage companies require homeowners to insure their properties, they are then at risk of foreclosure, yet no law prevents the cancellations.

“This is like the small wave that’s out on the horizon that’s going to continue to grow and grow until it becomes a tsunami,” said Florida attorney David Durkee, who represents hundreds of homeowners who are suing builders, suppliers and manufacturers over the drywall.

During the height of the U.S. housing boom, with building materials in short supply, American construction companies turned to Chinese-made drywall because it was abundant and cheap. An Associated Press analysis of shipping records found that more than 500 million pounds of Chinese gypsum board was imported between 2004 and 2008 — enough to have built tens of thousands of homes. They are heavily concentrated in the Southeast, especially Florida and areas of Louisiana and Mississippi hit hard by Hurricane Katrina.

The defective materials have been found by state and federal agencies to emit “volatile sulfur compounds,” and contain traces of strontium sulfide, which can produce a rotten-egg odor, along with organic compounds not found in American-made drywall. Home- owners complain the fumes are corroding copper pipes, destroying TVs and air conditioners, and blackening jewelry and silverware. Some believe the wallboard is also making them ill.

The federal government is studying the problem and considering some sort of relief for homeowners.

Meanwhile, the AP interviewed several homeowners who, like the Ivorys, were unlucky enough to purchase properties built with Chinese drywall and are now being hit with a second and third wave of bad news: Their insurers are declining to fill their claims, then canceling the policy or issuing notices that policies won’t be renewed until the problem is fixed.

In each instance, the insurer learned of the drywall through a claim filed by the homeowner seeking financial help with its removal.

The Ivorys have sued their builder, but it could take months for their case and hundreds like it to work their way through the courts. In the meantime, they have moved back to Colorado because their three-bedroom ranch home two miles from the Gulf of Mexico is unlivable and soon will be uninsured.

John Kuczwanski, a spokesman for the Ivorys’ insurer, Citizens Property Insurance Corp., said their claim was denied because the drywall is considered a builder defect, which is not covered under the policy. It also considers the drywall a pre-existing condition that could lead to future damage, which is why the company won’t renew the policy unless the problem is fixed.

“If someone were to have bought a new car, and there was a defective part, would that person go to their auto insurance to get that fixed or would they go back to the manufacturer?” Kuczwanski said. “We provide insurance, not warranty service.”

Tom Zutell, spokesman for the Florida Office of Insurance Regulation, said the cancellations are troubling but legal. No law prevents insurance companies from canceling policies because of Chinese drywall.

Even if a homeowner does not file a claim over the drywall and remains covered, he could later be denied a claim for a fire or another calamity if insurance investigators determine the home contained undisclosed Chinese drywall.

“If you think that by not telling your insurance company about the drywall that you’re protected, you’re sadly mistaken,” Durkee said.