Mold Loss Excluded Under Homeowner’s Policy – Summary Judgment for Carrier
Insurance – Pollution Coverage,Insurance Coverage Disputes,Mold,Pollution Exclusion
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A homeowner’s suit against Lexington Insurance Company to recover under a property policy for damages caused by shoddy roofing work that resulted in mold contamination was dismissed based on a coverage exclusion for mold. The insurance policy covered any risks of loss to the structure unless caused by one of the listed exclusions. It stated [...]
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Standards Needed for Mold Exposure, Testing and Remediation
Environmental Liability,Insurance-Pollution Coverage,Mold
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Currently, federal or state established standards of safety thresholds for mold exposure are are non-existent. Scientific agreement has not even been reached on whether mold (or various types of mold) are hazardous or injurious to health. Nor are there standards for mold testing and remediation. The only authoritative standard we have found for examining, monitoring [...]
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Court Rejects Employees’ Claim against Employer for Fraudulent Concealment of Mold
Bodily Injury,Mold,Workers compensation
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The California Appellate Court (2nd Dist.) recently affirmed the trial court’s summary adjudication of an employee’s tort action brought against her employer. Jensen v. Amgen, Inc. (2003) 105 Cal. App. 4th 1322. An employee injured during the course of employment is generally limited to remedies available under the Worker’s Compensation Act. However, there is a [...]
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Preventing Mold-Related Nondisclosure Claims
Mold,Nondisclosure Agreements
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By: Gordon Rees, L.L.P. (Each of the three articles in this issue were written by attorneys with the law firm of Gordon Rees. Contact information may be found at the conclusion of the third article). Property owners and managers are increasingly faced with claims due to actual and potential indoor mold problems, raising the dilemma [...]
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Mold-Related Construction Defect Claims: Who is Liable for Alleged Damage Caused by Exterior Insulation Finishing Systems (“EIFS”)
Damages,EIFS,Mold,Settlement Agreement
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By: Gordon & Rees, LLP EIFS or synthetic stucco is at the forefront of construction defect allegations regarding water intrusion, property damage and mold growth. EIFS generally consists of a layer of exterior grade gypsum glued to a foam board. The foam board is then coated with a heavy base coat of the synthetic stucco. [...]
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Pennsylvania Jury Rejects Expert Testimony and Claim for Personal Injury Resulting from Mold
Expert Witness,Mold,Proximate Cause
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In Traub v. Crawford & Company, et al., No. 1995-153-C-153 (Pa. Comm. Pls., Lehigh Cty.), plaintiffs, Mr. and Mrs. Traub, made a claim for storm damage in 1994 to their insurer, Great American Insurance Companies (“Great American”). Great American retained an independent adjuster with Crawford & Company (“Crawford”) to assess the damage. The adjuster allegedly [...]
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Mold Problems Increase: Is Coverage Available?
Insurance,Insurance-Pollution Coverage,Mold,Pollution Exclusion
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The presence of mold in buildings and the resulting health effects are increasingly becoming a public concern. Office buildings have been evacuated, homeowners are fleeing their homes, renters are being relocated, and schools have been closed all due to what some think will be the next “asbestos”. Mold is a microscopic fungi and is present [...]
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No Coverage in Homeowner’s Policy for Mold Damage from Water Pipe leak
Homeowners policy,Insurance Coverage Disputes,Mold,pollution,Pollution Exclusion
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Where a homeowner sought to recover under its homeowner’s policy for mold damage that occurred from water from a burst pipe, the insurance carrier denied the claim on the basis of a mold exclusion in the policy. The homeowner filed suit against the carrier seeking a declaratory judgment that the policy covered mold. The trial [...]
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Insurer and Environmental Consultant Have No Duty to Warn of Mold
ConstructionRisk.com Report Vol. #12, Issue #1
See article in the following topic indices:
Duty to Warn,Environmental Conditions,Mold,Negligence
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A tornado tore the roof of Haney’s house. Haney hired a contractor to repair the damage and filed a claim for damages with his homeowner’s insurer. Before the repairs were completed, rains further damaged the house. The insurer, Fire Insurance Exchange (FIE), hired an environmental consultant to perform an environmental study. The findings by the [...]
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No Coverage in Homeowner’s Policy for Mold Damage from Water Pipe Leak
ConstructionRisk.com Report Vol. #12, Issue #1
See article in the following topic indices:
Insurance – Pollution Coverage,Insurance Coverage Disputes,Mold
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Where a homeowner sought to recover under his homeowners insurance policy for mold damage that occurred from water from a burst pipe, the insurer denied the claim on the basis of a mold exclusion in the policy. The homeowner filed suit against the insurer seeking a declaratory judgment that the policy covered mold. The trial [...]
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