Insurance Coverage Issues In Mold Litigation

Posted by & filed under Mold Litigation.

Third party liability claims involving mold usually arise from situations in which the underlying issue is a water intrusion problem that results in mold damage to third party properties. In fact, most third party claims arise out of another party’s first party property damage claim.

Example: A landlord has a pipe break in a rental unit that causes water and mold damage to the tenant’s clothing and other personal belongings. While the water and mold damage to the building itself would constitute a first party claim on behalf of the landlord, the tenant may have a potential claim as a third party for damage to his or her personal property as a result of the loss.

As a result of alleged improper conduct/workmanship or inaction by the property owner in remediating the water intrusion problem and/or the resulting mold damage, you might find one (or more) of the following litigation scenarios:

  1. Homeowner, Property Owner, or School vs. Builder, Developer, Architect, Subcontractors (HVAC), or Remediation Consultants
  2. Condominium Owner vs. Home Owners Association
  3. Tenant vs. Landlord or Property Manager
  4. Buyer of Property vs. Seller, Broker, or Contractor
  5. Employee Disability or Workers’ Compensation Claims

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