Mealey's Toxic Tort/Environmental - 5th Circuit Finds Court Erred In Deciding Defense Costs Issue In Mold Case

Mealey's Toxic Tort/Environmental - 5th Circuit Finds Court Erred In Deciding Defense Costs Issue In Mold Case

NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on July 7 partially reversed a summary judgment ruling in relation to defense costs incurred in an underlying coverage action for mold claims, finding that the trial court erred when it failed to consider whether a residential company had met its deductible after it accounted for defense costs incurred by an insurance company (Trammell Crow Residential Co. v. American Protection Insurance Co., No. 13-10451, 5th Cir.; 2014 U.S. App. LEXIS 12785).

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