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Mold - Representative Experience

  • Issues
  • Venue
  • Client Type
  • Lawyers
  • Full Description
  • Result
  • Personal Injury; Mold
  • Defendant Apartment Complex Owner
  • Dennis J. Ward
  • Twenty-seven tenants of the defendant's apartment complex sued for personal injury and other damages resulting from exposure to mold. The medical claims ranged from transitory respiratory problems to allegations that the mold exposure caused asthma and other permanent respiratory conditions. We were able to convince the plaintiffs' attorneys to submit the matter to binding arbitration and to obtain a stipulation waiving punitive damages.

  • After collecting evidence for seven weeks, the arbitration began and settlement discussions were entered into. The case settled for less than the authority given. The client did not pay any money out of pocket toward the settlement.

  • Mold, Tenants, Trust, Personal Injury, Property Damage
  • Monterey County Superior Court
  • Defendant Property Owner / Landlord
  • Kathleen Strickland
  • The plaintiffs, a family including two young children, alleged they suffered personal injuries and property damage as a result of mold in the apartment they rented from our client.  The plaintiff had over 100 photographs showing extensive mold throughout the apartment.

  • Through the investigations of our expert consultants and a private investigator, including locating and interviewing prior tenants, we were able to assemble a large amount of evidence indicating that the mold came about as a result of the living habits of the plaintiffs.  We then successfully convinced the plaintiffs' attorney of this fact, and reached a settlement well below our authority and well below nuisance value.

  • Insurance; Mold
  • USDC: Central District of California
  • Defendant Insurer
  • Stephen J. Erigero
  • Represented an insurer in an action for breach of contract and bad faith arising out of a denial of a first party claim for mold personal injury and property damage. The plaintiff policyholder contended that significant items of personal property sustained damage as a result of mold in an apartment complex. The insurer denied coverage contending it was the landlord's responsibility. The plaintiff tenant sued under a renter's policy. We successfully argued application of the mold exclusion, argued the statute of limitations for the items potentially covered and achieved a favorable confidential settlement.

  •  The case settled for a confidential amount within the contractual limits, applying the mold exclusion.