January 23, 2002Client Alert

Mold – Do You Have Coverage?

Mold is in the air, it is all around us and is a naturally occurring organism, a fungus that thrives in thousands of varieties. In the construction and real estate area, it is found on drywall that has gotten wet from various mishaps and can develop into a very expensive exposure. For clients that have multifamily apartment buildings or builders who are building homes, you should be aware of the mold, the new environmental challenge. Creative plaintiffs attorneys have come up with creative litigation claims, including negligence and breach of contract for this airborne enemy. There is a web site which includes several causes of action available for plaintiffs attorneys to use which relate to injury or damage arising from exposure to mold and mold contamination. The web site is called Mold Buster Tips,\legal_liability.htm.

It is our recommendation that you contact your insurance carrier to discuss whether or not you have coverage. If a claim arising mold contamination is raised by a tenant or prospective purchaser you should know your coverage position. It is our experience that insurers will rely upon any defense they possibly can to avoid paying any claims. Therefore, documentation from your agent regarding your coverage can be a very valuable tool in the event you are faced with litigation concerning molds.

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