Florida trigger.

In Amerisure Ins. Co. v. Albanese Popkin the Oaks Development Group, L.P., No. 09-81213-CIV-MARRA (S.D. Fla. Nov. 30, 2010), insured Albanese built a house for claimant Goddard.  After completion, Goddard sued Albanese alleging Chinese drywall used in the house caused odors and physical injury to the house.  Albanese’s CGL insurer, Amerisure, filed suit seeking judicial declaration that, because the Goddard complaint did not allege property damage occurring during the Amerisure policy period, it had no duty to defend or indemnify Albanese.    The federal district trial court, applying Florida law, granted summary judgment for Amerisure, holding that, because the Goddard complaint expressly alleged that Goddard noticed the odors and physical injury prior to inception of the Amerisure policy, it did not allege that any “property damage” occurred during the Amerisure policy period.   The court states, without citation to any authority, that “[t]he fact that the damage was continuous in nature is irrelevant to the Court’s analysis.”