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CGL Policy Held to Cover Costs of Correcting SubContractor’s Defective Work Including the Work Itself

by Kent Holland | Dec 7, 2015 | Newsletter Article

Gail S. Kelley, P.E., J.D. ConstructionRisk, LLC After discovering various defects in their home, the homeowners filed suit against their builder. The builder’s insurance company declined to defend the action (“the underlying action”) on behalf of builder, alleging...

Mold Loss Excluded Under Homeowner’s Policy – Summary Judgment for Carrier

by Kent Holland | Feb 9, 2011 | Newsletter Article

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...

Standards Needed for Mold Exposure, Testing and Remediation

by Kent Holland | Feb 9, 2011 | Newsletter Article

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...

Court Rejects Employees’ Claim against Employer for Fraudulent Concealment of Mold

by Kent Holland | Feb 9, 2011 | Newsletter Article

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...

Preventing Mold-Related Nondisclosure Claims

by Kent Holland | Feb 9, 2011 | Newsletter Article

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...
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