Know the Parameters of Mold Litigation
Despite a continuing growth in the number of mold-related lawsuits,
this number is unlikely to rise to the level of asbestos. The largest
jury verdicts and settlements have involved claims of bad faith
on the part of insurers. There are many differences between mold
and asbestos litigation. Mold has not been scientifically linked
to a clearly mold-cause disease and rarely causes irreversible
injury or death. Moreover, mold defendants, who are usually limited
to owners and builders, do not have particularly large pockets.
In addition, many insurance policies have exclusions for mold,
where no such exclusions existed for asbestos.
Ultimately, as owners and builders further appreciate the possible
harms associated with mold infestation, they will continue to improve
the proactive and reactive measures they take. Faster and more
adequate responses to new complaints will substantially reduce
any possible damages that a defendant might incur.
More information about the book Toxic
Tort Litigation
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Excerpted from Toxic
Tort Litigation
Edited by D. Alan Rudlin
“Special Cases: Trends in Toxic Tort Mold Litigation” by Tami Lyn
Azorsky and Christine Kringer
ABA Section of the Environment, Energy and Resources |
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