Mold News
Mold and the Insurance Industry
Written by Insurance Information Institute
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Concern about the consequences of mold contamination has become one of today's top subjects. The implications of the emerging mold issue for insurance and the economy are serious.
From the insurance perspective, damage from mold, like rust, rot and mildew is specifically excluded in standard homeowners and commercial property policies. Mold contamination is covered under these policies only if it is the result of a covered peril. For example, the costs of cleaning up mold caused by water from a burst pipe are covered under the policy because water damage from a burst pipe is a covered peril.
But mold caused by water from excessive humidity, leaks, condensation or flooding is a maintenance issue for the property owner, like termite or mildew prevention, and is not covered by the policy.
Oregon family wins mold lawsuit
Written by www.mold-help.org
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An Oregon family suffers physical and neurological from toxic mold in their newly built house from Beaverton-based Adair Homes Inc.
Despite the attempts of many organizations and companies to stifle evidence contrary to the factual findings, it is becoming exceedingly clear that exposure to toxigenic mold can definitely cause permanent neurological, pathological, immunological and psychological damage.
This became increasingly apparent in a ground-breaking case last week in Oregon City, Oregon. The decision is one of the first jury verdicts on mold in the Northwest, a spokeswoman for the Oregon Trial Lawyers Association said Monday. Nationwide, the issue has alarmed homeowners and has led to thousands of people becoming ill from mold, hundreds of lawsuits and billions of dollars in insurance payments, even though a compensated and subjective government panel claimed last year that there is not enough evidence to link mold to these illnesses. There has been a lot of controversy regarding the efficacy of this panel since these "findings" were reported last year.
Judge OKs Indiana Mold Settlement
Written by The Indianapolis Star
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A Hamilton County judge Wednesday approved a $24 million settlement between an Indianapolis home builder and the owners of more than 2,000 houses potentially affected by moisture and mold.
A few homeowners have complained that the deal doesn't treat them fairly or give enough protection if the mold reappears. Unless a homeowner files an appeal, Pylitt's ruling will begin a procedure of inspections and repairs. Fixing all of the homes that might be found to be damaged could take several years.
The suit was filed on behalf of buyers or current owners of Trinity houses built from 1998 to 2002 in nearly all corners of the Indianapolis metropolitan area. Particularly affected are subdivisions in Boone, Hamilton and Hendricks counties, where Trinity has built hundreds of houses per year. Prices typically ranged from $200,000 to $500,000.
The owners allege their houses have moisture, mold and other property damage due to improper construction techniques, including leaks in the roofs and incorrectly applied exterior brick.
Texas Jury Awards $1.2 Million To 28 Residents in Mold Case
Written by Harris Martin Publishing
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Brian Auzston and 27 other residents of the Bay Colony Apartments in Galveston complained that they began experiencing mold problems in December 2001, shortly after moving into the newly built complex. The complex was built and owned by defendant Vestcor Development Corp., based in Jacksonville, Fla. The subsidy was in the form of tax credits.
Management notified residents by letter six months later that concrete had not properly cured and had allowed excessive moisture into the units. Residents complained they were promised a remedy that was not forthcoming, and were told to use bleach to kill visible mold.
Plaintiffs sued Charlene Elder, doing business as Alpha Barnes Real Estate Services, Vestcor Companies Inc., Vestcor Development Inc., and Bay Colony Limited Partnership.
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