Issue: Though mold has probably been around since the beginning of time, it received prominence in part following the Ballard case in Texas. Since that decision, mold has become one of the hot insurance topics for both insureds and insurers. Mold claims can arise from faulty construction, storm damage, fire, ice, frozen water pipes, leaking plumbing and burst water heaters, to name just a few. Though mold is generally excluded today in most first party property coverage forms (both personal and commercial) there may be coverage (in a first party situation) if a covered cause of damage is connected to the mold. In third party circumstances, mold claims parallel other third party claims in that: (i) coverage; (ii) damages; and (iii) legal liability must all be assessed.

Expertise. Mr. Hager has testified both in deposition and trial as to insurer’s duty of care in connection with mold claims. His expertise is grounded in: (i) policy language (having approved and disapproved thousands of policy forms as a regulator); (ii) regulatory oversight over the claim handling processes of hundreds of property casualty insurance companies and thousands of claim files, all to assure compliance (or non-compliance) with applicable law, policy provisions and the Unfair Claims Practices Act; and (iii) industry experience as CEO of a large property casualty insurance organization.

Contact Bill Hager at 561-995-7429 or via email to discuss your case.