News & Analysis as of

Toxic Mold

Mitchell, Williams, Selig, Gates & Woodyard,...

Water Intrusion/Mold: Home Buyer Files Action Alleging Breach of Warranty in Circuit Court of Washington County, Arkansas

Aaron and Michelle Lewis (“Lewis”) filed a Complaint in the Circuit Court of Washington County, Arkansas against Rouse-Walker Properties, Inc. d/b/a Cobble Stone Homes (“Rouse”) alleging Breach of Warranty for a house they...more

Goldberg Segalla

[Webinar] The Fungus Among Us: Proactive Strategies for Adjustment of Mold-Related Claims - March 28th, 12:00 pm - 1:00 pm EDT

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In this webinar, Goldberg Segalla’s Larry D. Mason and Kerry L. Jones will explore the primary fungi that serve as the foundation for most mold-related claims, common health problems associated with insured’s and third-party...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Mold: Arkansas Court of Appeals Addresses Alleged Breach in Residential Lease Agreements

The Arkansas Court of Appeals addressed in a May 24th Opinion an issue involving alleged unsafe conditions at a Helena apartment building. See Angel v. Helena Renaissance 1, L.P., 2023 Ark. App. 297. A concern raised by...more

Harris Beach PLLC

New York Amends Property Disclosures to Include Indoor Mold

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New York amended its Property Condition Disclosure Statement to include the disclosure of indoor mold. This change takes effect today, June 14, 2023, and applies to the sale of residential property, unless the transaction is...more

Bricker Graydon LLP

Judge Carr Approves Consent Decree Resolving Lake Erie Algae Bloom Litigation

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On May 4, 2023, Judge James Carr of the U.S. District Court, Northern District of Ohio, issued an Order approving a consent decree in settlement of litigation pending for nearly six years....more

J.S. Held

Environmental Considerations In The Claims Process

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Following notification of impact to a property through the claims notification process, restorers are regularly called upon to make necessary initial decisions regarding water extraction and drying and impacted material...more

J.S. Held

The First Step in a Proper Site Evaluation: Health & Safety Analysis

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When you perform a site visit, you have two goals: collect the information needed to make a proper determination and get home safely to your family. While some hazards are readily visible and easily noticeable, others are...more

J.S. Held

Indoor Air Quality: Health Effects of Airborne Mold & How Mold Is Measured

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Mold spores are present in virtually all environments, indoors and out. People are exposed to molds every day in every setting. The potential for mold to adversely impact indoor air quality is a frequent concern following...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Leased Structure/Mold Damage Claim: Louisiana Appellate Court Addresses Applicability of a Lease's Waiver of Liability

A Louisiana Court of Appeal (First Circuit) (“Court”) addressed in February 17th Opinion an issue arising out of a lessee’s damage claim against a lessor purportedly caused by exposure to mold. See Scott v. Adams, 2022 WL...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Water Intrusion/Mold: Lessee Files Action Alleging Breach of Lease in Crittenden County, Arkansas Circuit Court

uby Evans (“Plaintiff”) filed a Complaint on November 19th against United Apartment Group Management, Incorporated (“Defendant”) alleging certain causes of action related to the leasing of an apartment. See CV2020-623. The...more

White and Williams LLP

Virginia Molds Tort Versus Contract Law in New Home Construction Case

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Often times, both contract and tort claims co-exist in a subrogation matter and the line between the two can be blurred. This is especially true in the context of damages resulting from new home construction defect claims....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Harmful Algal Blooms: Arkansas Department of Environmental Quality Announces Management Plan

The Arkansas Department of Energy and Environment Division of Environmental Quality (“DEQ”) published a document titled: Harmful Algal Bloom Management Plan (“Plan”) - The Plan was developed by the Arkansas Harmful...more

Butler Snow LLP

Got mold? If so, you probably don’t have insurance coverage for it.

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It happens all the time – a water leak in a house or other building goes unnoticed for some period of time, and then mold appears. Insurance policies generally provide coverage to repair water damage, provided other policy...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Debunking Common Myths Regarding Mold: Leo Old (EnSafe) Arkansas Environmental Federation Presentation

Leo Old undertook a presentation at the Arkansas Environmental Federation Convention titled: Debunking Common Myths Regarding Mold (“Presentation”) - Mr. Old is an Associate Principal with EnSafe in Memphis, Tennessee....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Mold/Damage Claim: California Appellate Court Addresses Causation Question

A California Court of Appeal (“Court”) addressed in a July 2nd opinion an issue associated with a damage claim involving mold/water intrusion. See Longmire v. 1022 10th Street, Inc., Court of Appeal of California, B288063. ...more

Troutman Pepper

Court of Federal Claim Rejects Spearin Claim and Holds Contractor Responsible for Failure to Prevent Mold Growth

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James Talcott Construction, Inc. v. United States, No. 14-427 C, 2019 BL 72711, at *1 (Fed. Cl. Mar. 4, 2019) - In May of 2010, the United States, acting through the Department of Defense (the “Government”) awarded a...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Mold/Bodily Injury Claim: Louisiana Appellate Court Addresses Causation Issues

The Court of Appeal of Louisiana (“Appellate Court”) addressed in a March 20th opinion causation issues associated with a bodily injury claim allegedly associated with mold exposure. See Yaukey v. Ballard, 2019 WL 1275175. ...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Mold Damages/Professional Engineer: Louisiana Appellate Court Addresses Application of Prescription to Negligence Claim

The Court of Appeal of Louisiana (“Appellate Court”) addressed in a March 14th opinion issues associated with two individuals’ negligence claim against a Professional Engineer and his employer. See Lauren Pizzolato and John...more

Proskauer - Proskauer For Good

A Step Forward for New Yorkers Seeking Safe and Healthy Housing

A team of pro bono attorneys at Proskauer recently celebrated a significant step forward in their fight for safe and healthy housing for the more than 400,000 New Yorkers who live in apartments operated by the New York City...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Mold/Remediation: Michigan Appellate Court Addresses Duty Owed Homeowner by Insurance Company and Cleanup Contractor

The Court of Appeals of Michigan (“Court”) in an August 21st opinion addressed an issue regarding the duty and liability of Farmers Insurance Exchange (“Farmers”) and U.S. Disaster Services LLC (“U.S. Disaster”) owed to an...more

Carlton Fields

Tenth Circuit Affirms Denial Of Motion To Compel Arbitration As To The Claims Of Non-Signatory Plaintiffs

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A buyer of a manufactured home sued the manufacturer, seller and lender in connection with toxic mold that was found in the home’s water system. The underlying retail installment contract contained an arbitration agreement...more

Miles & Stockbridge P.C.

The Honeymoon Will Soon Be Over - D.C.’s Department of Energy and Environment to Begin Enforcing New Mold Assessment and...

By August 2017, the District of Columbia Department of Energy and Environment (DOEE) reports that it will begin to enforce recently promulgated Mold Assessment and Remediation Licensure Regulations (Regulations) for the...more

Carlton Fields

Florida Supreme Court Decides that Concurrent Causes Equal Coverage

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It’s said that “defeat is an orphan,” but insurable losses often have multiple, concurrent causes. In some cases, one or more of those causes might be outside the scope of coverage, either by omission or exclusion. In Sebo v....more

Bradley Arant Boult Cummings LLP

Foreclosing Residential Lenders Ignore Environmental Issues at Their Own Risk

Several years ago, we assisted a lender who foreclosed on rural residential property and then discovered that vandals had removed metal pipes from the basement of the house. That was bad enough, but the removed piping had...more

Bond Schoeneck & King PLLC

Toxic Tort and Environmental Litigation: Applying the Toxic Tort Statute of Limitations (6/16)

Toxic tort cases may involve claims of injuries arising months or years after the date of alleged exposure. A recent Appellate Division Third Department decision addressed the application of the toxic tort statute of...more

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