Section of Environment, Energy, and Resources
In-House Counsel Committee - Newsletter Archive
Vol. 6, No. 1 - February 2003
Editor's Note
Jim Moore
Huntsman Corporation
Jim_Moore@huntsman.com
This edition of the In-House Counsel Committee Newsletter includes the first of two installments of an article by Rachel Jakubovitz, of Willis North America, entitled “Mold: Are You Covered?” We think you will find the article very enlightening and timely. The first installment discusses various kinds of mold of concern to indoor air environments, the science relating to mold pollution, apparent or potential health effects, and mold litigation. The second installment will discuss insurance issues related to mold pollution and its effects.
Residential mold issues are becoming a greater concern of in-house counsel who manage environmental, health, safety, and insurance matters for their companies. For instance, on Feb. 14, 2002, it was reported that nineteen former day care workers and nine additional family members filed a toxic mold suit against the Paragon Casino Resort and other defendants alleging they were injured due to exposure to mold in the walls of an on-site day care center. Plaintiffs allege that mold caused skin rashes, memory loss, nausea and hair loss. Mold was discovered in the sheet rock in the Louisiana casino’s hotel and in the walls of the day care center called Kids Quest. Associated Press, Feb. 14, 2002. In another case, on March 16, 2002, it was reported that a Louisiana district court found the owners and property management firm of the 44-story Plaza Tower office building in contempt of court after mold contamination and water damage was remediated contrary to a court order. About 700 former state employees who once worked in the building had filed personal injury suits alleging that exposure to mold within the building caused their injuries. Defendants include the building owners, property management company and an insurance company. The suits allege that the owners and maintenance firm deferred maintenance allowing water intrusion and mold growth despite persistent complaints. According to the complaint, mold growth spread from water damage caused by the roof top air conditioning system and through leaking window seals. Associated Press,
Mar. 16, 2002.
We hope you enjoy this issue of the In-House Counsel Committee Newsletter. Please contact me with ideas, suggestions and contributions for future editions at 801/584-5700 or Jim_Moore@huntsman.com.
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