I 
111TH CONGRESS 
1ST SESSION H. R. 4094 
To prohibit insurers from canceling or refusing to renew homeowners insur-
ance policies because of the presence of certain types of drywall in 
the home. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 17, 2009 
Mr. MELANCON introduced the following bill; which was referred to the 
Committee on Financial Services 
A BILL 
To prohibit insurers from canceling or refusing to renew 
homeowners insurance policies because of the presence 
of certain types of drywall in the home. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Drywall Victims Insur-
ance Protection Act of 2009’’. 
SEC. 2. PROHIBITION OF CANCELING OR DECLINING TO 
RENEW HOMEOWNERS INSURANCE BECAUSE 
OF PRESENCE OF CERTAIN DRYWALL. 
It shall be unlawful for any insurer— 
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(1) to cancel, or decline to renew, any coverage 
for homeowners’ insurance for any single-family 
housing based on the presence, or possibility of pres-
ence, in the housing of any drywall that has a cov-
ered characteristic; or 
(2) in any renewal of homeowners’ insurance 
for such a structure, to discriminate in the amount, 
rates for coverage, or other terms of such coverage 
based on the presence, or possibility of presence, in 
the structure of any drywall that has a covered char-
acteristic. 
SEC. 3. PRIVATE CAUSE OF ACTION. 
(a) IN GENERAL.—An insured who has been ad-
versely affected by a violation of section 2 by an insurer 
may bring a civil action against the insurer in an appro-
priate Federal or State court for relief under subsection 
(b). 
(b) RELIEF.—Upon proof of a violation of section 2 
by a preponderance of the evidence in an action described 
in subsection (a), the court may award appropriate legal 
and equitable relief, including temporary, preliminary, and 
permanent injunctive relief and compensatory damages. 
(c) ATTORNEYS’ FEES AND OTHER COSTS.—In any 
action or proceeding under this section, the court shall 
allow a prevailing plaintiff reasonable attorneys’ fee as 
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part of the costs, and shall include any expert fees as part 
of the attorneys’ fee. 
SEC. 4. DEFINITIONS. 
For purposes of this Act, the following definitions 
shall apply: 
(1) COVERED
CHARACTERISTIC.—The term 
‘‘covered characteristic’’ means, with respect to any 
drywall, that the drywall— 
(A) was imported from, or originated in, 
China at any time during the period consisting 
of calendar years 2004 through 2007; or 
(B) contains elevated levels of sulphur or 
strontium. 
(2) INSURED.—The term ‘‘insured’’ means any 
natural person who has purchased coverage for 
homeowners’ insurance. 
(3) INSURER.—The term ‘‘insurer’’ means any 
entity, including any affiliate thereof, that is licensed 
or admitted to engage in the business of providing 
homeowners’ insurance in any State. 
(4) HOMEOWNERS’ 
INSURANCE.—The term 
‘‘homeowners’ insurance’’ means property and cas-
ualty insurance coverage against losses to single- 
family housing. 
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(5) SINGLE-FAMILY HOUSING.—The term ‘‘sin-
gle-family housing’’ means a residential real prop-
erty (including individual units of condominium and 
cooperative structures) designed principally for the 
occupancy of from one to four families. 
Æ 
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