- Volume 15, Issue #5
- Court Finds Health Issues Were Caused By Work-Related Mold Exposure
CHARLESTON, W.Va. - A West Virginia court on May 7 reversed a decision that denied a claim for compensation filed by a technician against his employer, finding that the evidence supported his claims that his health conditions were caused by mold exposure at work (Tommy Jackson v. Fayette County Commission, No. 13-0460, W.Va. Sup.; 2015 W.Va. LEXIS 578).
- Iowa Court Finds Teacher's Injury Was Caused By Mold Exposure At Work
DES MOINES, Iowa - After finding that a teacher's lung injury was caused by exposure to mold in the building where she worked, the Iowa Court of Appeals on April 8 affirmed a decision awarding her compensation for an occupational injury (United Heartland Inc., et al. v. Kathleen Brown, No. 14-1070, Iowa App.; 2015 Iowa App. LEXIS 321).
- Federal Judge Finds Sellers Did Not Know About Mold Issues Before Sale
CHARLESTON, S.C. - After finding that the sellers of a house were unaware of mold and moisture problems at the property when they sold it, a South Carolina federal judge on May 6 granted summary judgment for the sellers of the home (Albert M. Calland III, et al. v. Lloyd H. Carr, No. 9:14-cv-0420, D. S.C.; 2015 U.S. Dist. LEXIS 59175).
- Federal Judge Grants Hotel Owner Time To Remedy Mold Condition
MOBILE, Ala. - After finding that a hotel owner should be afforded the chance to remedy widespread water and mold damage in his hotel, an Alabama federal judge on April 13 denied a bank's request to appoint a receiver in the case (Fidelity Bank v. Key Hotels of Bewton LLC, et al., No. 15-0031, S.D. Ala.; 2015 U.S. Dist. LEXIS 48055).
- Federal Judge Dismisses Mold-Related Claims For Untimely Service
OKLAHOMA CITY - An Oklahoma federal judge on May 4 granted a manufactured home retailer and a mortgage company's motion to dismiss claims asserted by property owners who alleged that an improperly installed water system in their home caused mold growth, finding that their service on the defendants was untimely (Jackie L. Jacks, et al. v. CMH Homes Inc. d/b/a Oakwood Homes Oklahoma City, et al., No. 15-34, W.D. Okla.; 2015 U.S. Dist. LEXIS 58601).
- Federal Judge Finds Insurer Has No Duty To Defend Mold Claims
BIRMINGHAM, Ala. - After finding that all mold-related claims asserted against a contractor and others in an underlying state court case were excluded under an insurance policy, an Alabama federal judge on April 21 found that an insurer has no duty to defend the parties in the case (Pennsylvania National Mutual Casualty Insurance Co. v. The Retirement Systems of Alabama, et al., No. 14-248, N.D. Ala.; 2015 U.S. Dist. LEXIS 52055).
- New Jersey Court Finds Landlord Was Entitled To Evict Tenants
TRENTON, N.J. - After finding that tenants failed to show that alleged mold growth in their apartment prevented their landlord from increasing their rent, a New Jersey appeals court on April 8 affirmed a decision allowing the landlord to evict them (Georgian Gardens v. Russell and Vanessa Shields, No. A-3598-13T3, N.J. Super., App. Div.; 2015 N.J. Super. Unpub. LEXIS 761).
- Judge Issues Ruling On Third-Party Claims Related To Mold At Monastery
LINCOLN, Neb. - A Nebraska federal judge on May 4 issued a ruling partially granting motions for summary judgment filed by a third-party contractor in relation to alleged construction defects in a heating, ventilation and air conditioning system (HVAC) that was installed at a monastery, which allegedly caused mold growth throughout the building (Missionary Benedictine Sisters Inc. v. Hoffman LLC, et al., No. 4:11CV3180, D. Neb.; 2015 U.S. Dist. LEXIS 58101).
- Federal Judge Reverses Decision Dismissing Mold- Related Disability Claims
SAN FRANCISCO - A California federal judge on April 14 found that an administrative law judge erred when he discounted the severity of a woman's mold-related and other ailments, remanding the case for further review (Luba Yesipovich v. Carolyn W. Colvin, acting commissioner of social security, No. 15-00112, N.D. Calif.; 2015 U.S. Dist. LEXIS 49799).
- Ohio Court Finds Trees Are Not A Nuisance, Affirms Dismissal
CLEVELAND - An Ohio appeals court on April 16 affirmed a trial court's ruling to dismiss a property owner's claims, finding that trees on his neighbor's property that allegedly caused issues, including mold growth, did not constitute a nuisance (David Rababy v. Roy C. Metter, No. 101445, Ohio App., 8th Dist.; 2015 Ohio App. LEXIS 1410).
- Federal Jury Enters Verdict In Favor Of Mattress Maker For Underlying Mold Suits
MINNEAPOLIS - A Minnesota federal jury on April 10 entered a verdict in favor of a mattress maker for more than $400,000 after determining that coverage is owed for an underlying action filed against the insured in which consumers alleged that mattresses developed mold (Select Comfort Corp. v. Arrowood Indemnity Co., et al., No. 13-2975, D. Minn.).
- Federal Magistrate Judge Denies Insurer's Motion To Withdraw Its Admission
LINCOLN, Neb. - A Nebraska federal magistrate judge on April 15 denied an insurer's request to withdraw its admission that the insurance policy attached to the insured's complaint is the correct policy because an issue of fact exists as to which policy is the correct policy (Nelle Jamison, et al. v. Depositors Insurance Co., No. 14-3009, D. Neb.; 2015 U.S. Dist. LEXIS 52347).
- Insureds Failed To State Claim For Relief In Bad Faith Suit, Judge Rules
PHILADELPHIA - A federal judge in Pennsylvania on April 17 dismissed a number of claims in an insurance bad faith lawsuit, ruling that insureds have failed to state a claim for relief (Joan Groth, et al. v. State Farm Fire & Casualty Co., et al., No. 14-7033, E.D. Pa.; 2015 U.S. Dist. LEXIS 51031).