Condo Water Invasion: Potential Medical Liability?
The Appellate Court of Maryland (“App. Ct.”) addressed in a June 27th Opinion issues arising out of alleged mold exposure. See Candace McCarthy v. Board of Commissioners for Frederick County, Maryland, 2025 WL 1778818....more
The Virginia General Assembly approved a number of bills during its 2025 legislative session. Some of the bills impact, directly or indirectly, common interest communities. The Governor of Virginia signed the following bills...more
In Nationwide Property & Casualty Insurance Company v. Hampton Court, L.P., et al. the United States District Court for the Northern District of Georgia granted an insurer's motion for judgment on the pleadings that it owed...more
Stacy Harper (“Harper”) and her minor daughter (“T.T.”) filed a December 23rd Complaint in the Circuit Court of Washington County, Arkansas incorporating the following causes of action due to the alleged presence of mold in a...more
Mold growth on surfaces indicates that moisture is, or has been, present in an indoor environment. Direct microscopic examination (by a mycologist) is the primary method to determine whether mold or other fungi have grown on...more
A United States District Court (C.D. California) (“Court”) addressed in a September 27th Order insurance coverage issues arising out of the construction of an apartment complex in California. See The Haven at Ventura, LLC vs....more
Georgia Lawrence (“Lawrence”) filed a September 20th Complaint in the Circuit Court of Garland County, Arkansas against Strategic Home Inspection, LLC (“SHI”) and Hamilton Wilson (“Wilson”) alleging certain causes of action...more
Aaron and Michelle Lewis (“Lewis”) filed a Complaint in the Circuit Court of Washington County, Arkansas against Rouse-Walker Properties, Inc. d/b/a Cobble Stone Homes (“Rouse”) alleging Breach of Warranty for a house they...more
In this webinar, Goldberg Segalla’s Larry D. Mason and Kerry L. Jones will explore the primary fungi that serve as the foundation for most mold-related claims, common health problems associated with insured’s and third-party...more
The Arkansas Court of Appeals addressed in a May 24th Opinion an issue involving alleged unsafe conditions at a Helena apartment building. See Angel v. Helena Renaissance 1, L.P., 2023 Ark. App. 297. A concern raised by...more
New York amended its Property Condition Disclosure Statement to include the disclosure of indoor mold. This change takes effect today, June 14, 2023, and applies to the sale of residential property, unless the transaction is...more
On May 4, 2023, Judge James Carr of the U.S. District Court, Northern District of Ohio, issued an Order approving a consent decree in settlement of litigation pending for nearly six years....more
Following notification of impact to a property through the claims notification process, restorers are regularly called upon to make necessary initial decisions regarding water extraction and drying and impacted material...more
When you perform a site visit, you have two goals: collect the information needed to make a proper determination and get home safely to your family. While some hazards are readily visible and easily noticeable, others are...more
Mold spores are present in virtually all environments, indoors and out. People are exposed to molds every day in every setting. The potential for mold to adversely impact indoor air quality is a frequent concern following...more
A Louisiana Court of Appeal (First Circuit) (“Court”) addressed in February 17th Opinion an issue arising out of a lessee’s damage claim against a lessor purportedly caused by exposure to mold. See Scott v. Adams, 2022 WL...more
uby Evans (“Plaintiff”) filed a Complaint on November 19th against United Apartment Group Management, Incorporated (“Defendant”) alleging certain causes of action related to the leasing of an apartment. See CV2020-623. The...more
Often times, both contract and tort claims co-exist in a subrogation matter and the line between the two can be blurred. This is especially true in the context of damages resulting from new home construction defect claims....more
The Arkansas Department of Energy and Environment Division of Environmental Quality (“DEQ”) published a document titled: Harmful Algal Bloom Management Plan (“Plan”) - The Plan was developed by the Arkansas Harmful...more
It happens all the time – a water leak in a house or other building goes unnoticed for some period of time, and then mold appears. Insurance policies generally provide coverage to repair water damage, provided other policy...more
Leo Old undertook a presentation at the Arkansas Environmental Federation Convention titled: Debunking Common Myths Regarding Mold (“Presentation”) - Mr. Old is an Associate Principal with EnSafe in Memphis, Tennessee....more
A California Court of Appeal (“Court”) addressed in a July 2nd opinion an issue associated with a damage claim involving mold/water intrusion. See Longmire v. 1022 10th Street, Inc., Court of Appeal of California, B288063. ...more
James Talcott Construction, Inc. v. United States, No. 14-427 C, 2019 BL 72711, at *1 (Fed. Cl. Mar. 4, 2019) - In May of 2010, the United States, acting through the Department of Defense (the “Government”) awarded a...more
The Court of Appeal of Louisiana (“Appellate Court”) addressed in a March 20th opinion causation issues associated with a bodily injury claim allegedly associated with mold exposure. See Yaukey v. Ballard, 2019 WL 1275175. ...more
The Court of Appeal of Louisiana (“Appellate Court”) addressed in a March 14th opinion issues associated with two individuals’ negligence claim against a Professional Engineer and his employer. See Lauren Pizzolato and John...more