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TRAVCO INS. CO. v. WARD

Record No. 120347.

736 S.E.2d 321 (2012)

284 Va. 547

TRAVCO INSURANCE COMPANY v. Larry WARD.

Supreme Court of Virginia.

November 1, 2012.

Attorney(s) appearing for the Case

Michael F. Imprevento ( Jeffrey A. Breit ; John W. Drescher ; Richard J. Serpe ; Breit Drescher Imprevento & Walker, on brief), Norfolk, for plaintiff-appellee.

John B. Mumford, Jr. , Glen Allen ; Stephen E. Goldman ( Wystan M. Ackerman ; Hancock, Daniel, Johnson & Nagle; Robinson & Cole, on brief), for defendant-appellant.

Amicus Curiae: Virginia Trial Lawyers Association ( John J. Rasmussen ; Insurance Recovery Law Group), in support of defendant-appellant.

Amicus Curiae: National Association of Home Builders ( David N. Crump, Jr. ; David S. Jaffee , on brief) in support of defendant-appellant.

Amicus Curiae: American Insurance Association, National Association of Mutual Insurance Companies, and Property Casualty Insurers Association of America, ( Laura A. Foggan ; Samuel B. Gedge ; Wiley Rein, on brief), in support of plaintiff-appellee.

Present: All the Justices.

Opinion by Justice S. BERNARD GOODWYN.

Pursuant to Article VI, Section 1 of the Constitution of Virginia and Rule 5:40, we accepted the following certified question of law from the United States Court of Appeals for the Fourth Circuit:

For purposes of interpreting an "all risk" homeowners insurance policy, is any damage resulting from this drywall unambiguously excluded from coverage under the policy because it is loss caused by: (a) "mechanical...

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