Delaware High Court Finds No Evidence Linking Mold To Family's Injuries
WILMINGTON, Del. - The Delaware Supreme Court on April 23 affirmed a trial court's dismissal of an action filed by tenants alleging that their rental property was contaminated with mold after finding that the tenants failed to provide expert evidence to prove that mold caused their personal injuries (Stephen M. Campbell and Stacey A. Campbell, et al. v. Marie DiSabatino, et al., No. 256, 2007, Del. Sup.; 2008 Del. LEXIS 188). Full story on lexis.com

11th Circuit Finds Policy Excludes Mold Damages, Developer Breached Policy
ATLANTA - A federal appeals court found April 18 that a developer breached its insurance policy when it fixed certain defects at three apartment complexes before receiving the consent of its insurer, prohibiting voluntary payments (Hathaway Development Company Inc. v. Illinois Union Insurance Co., No. 07-15155, 11th Cir.; 2008 U.S. App. LEXIS 8566). Full story on lexis.com

Texas Appeals Court Finds Insurer Paid In Excess For Mold / Defect Claims
AUSTIN, Texas - After determining that homeowners alleging that construction defects in their house resulted in mold contamination received insurance coverage in excess of the damages that a jury had found that they incurred, a Texas appeals court on April 17 ruled that the insurer is entitled to subrogation against any remaining settlement funds (Dr. Phillip Osborne and Deborah Osborne, et al. v. Jauregui, Inc., No. 03-04-00813-CV, Texas App., 3rd Dist.; 2008 Tex. App. LEXIS 2817). Full story on lexis.com

Federal Judge Finds No Evidence Linking Mold In Townhouse To Health Issues
CAMDEN, N.J. - A federal judge on April 10 dismissed a negligence claim filed against the owners of a rented townhouse, finding that the tenants failed to provide expert evidence linking their health issues to mold contamination in the property (Robin Sanders, et al. v. Michael Rosenberg and Marie Rosenberg, No. 06-1406 [NLH], D. N.J.; 2008 U.S. Dist. LEXIS 29581). Full story on lexis.com

Ohio Appeals Panel Finds Award Of Unpaid Rent Was Proper
TOLEDO, Ohio - An Ohio appeals panel on April 18 found that a tenant alleging that he vacated his apartment due to mold contamination and water damage failed to show that a trial court erred in awarding the complex owner unpaid rent (Richard P. Sagert v. Elden Properties Limited Partnership, No. E-07-036, Ohio App., 6th Dist., Erie Co.; 2008 Ohio App. LEXIS 1578). Full story on lexis.com

Oklahoma Supreme Court Vacates Ruling For Employer In Wrongful Termination Action
OKLAHOMA CITY - The Oklahoma Supreme Court on April 15 reversed a trial court ruling and vacated a civil appeals court ruling in favor of an employer, finding that issues of fact remain as to whether a deputy clerk's position was terminated in retaliation for her complaining about mold (Jean Vasek v. Board of County Commissioners of Noble County, No. 103580, Okla. Sup.; 2008 Okla. LEXIS 36). Full story on lexis.com

Federal Court Finds Insurer Is Not Liable For Mold / Construction Claims
HAMMOND, Ind. - A federal judge on April 3 found that an insurer has no obligation under certain policies to indemnify or defend a builder accused in two state court actions of building two allegedly defective houses (Westfield Insurance Co. v. David Barick, Barick Builders Inc., Brooke Conaway, Meredith Conaway, No. 2:06cv288-PRC, N.D. Ind.; 2008 U.S. Dist. LEXIS 28299). Full story on lexis.com

Michigan Panel Finds Mold Damages Excluded Under Insurance Policy
DETROIT - A Michigan appeals panel on April 24 found that homeowners' claims for insurance coverage for mold damage caused by flooding as a result of a grinder pump that exceeded capacity are excluded under the provisions of their policy (David Feinbloom and Lisa Ann Scholnick Feinbloom, a/k/a Lisa Ann Scholnick-Feinbloom, a/k/a Lisa Ann Scholnick v. American International Insurance Co., No. 276928, Mich. App.; 2008 Mich. App. LEXIS 836). Full story on lexis.com

Federal Judge Finds Insurer Did Not Breach Policy By Not Paying Claim
DALLAS - A federal judge on April 15 found that an insurer did not breach an insurance policy when it ceased paying additional living expenses to a homeowner who sold his property before the insurer was done investigating his mold claims (John Sullivan v. State Farm Lloyds, Pacific Coast Investment Co. and Pacific Coast Investment, No. 3:05-CV-2000-L, N.D. Texas, Dallas Div.; 2008 U.S. Dist. LEXIS 31493). Full story on lexis.com

Mold Damage Covered Despite Exclusion, Florida Judge Holds
TALLAHASSEE, Fla. - Despite the existence of a mold exclusion, an apartment owners' liability policy covers mold damage arising from the negligent failure to install a vapor barrier, which is a covered construction defect, a Florida judge held April 3 (Empire Indemnity Insurance Co. v. Ashley Winsett, et al., No. 06cv439, N.D. Fla.; 2008 U.S. Dist. LEXIS 27695). Full story on lexis.com