Housing Authority Tenant Awarded $303,834 Verdict For Apartment Mold Claims
Case name: Nornita Hyman v. Housing Authority for Baltimore City Case number: C-24- 06-010789 Court: Md. Cir., Baltimore Full story on lexis.com

Court Vacates Award; Insured Was Entitled To Higher Verdict For Mold Claims
LANSING, Mich. - In a majority ruling, a Michigan appeals panel on Sept. 25 vacated a jury verdict and trial court order that offset damages already paid to a resident by her insurer relating to water leaks and mold, remanding the case for entry of a higher verdict of $125,450, plus case evaluation sanctions (Gwiniov J. Riley v. State Farm Fire and Casualty Co., et al., No. 276195, Mich. App.; 2008 Mich. App. LEXIS 1974). Full story on lexis.com

Judge Finds Insurer Not Liable For Mold Damage Caused By Katrina
GULFPORT, Miss. - After finding that the failure of homeowners to prevent the spread of mold after Hurricane Katrina damaged their home did not make their insurer culpable for punitive damages, a federal judge on Oct. 7 granted various motions for summary judgment in the insurer's favor (David Bostwick and Sheryl Bostwick v. State Farm Fire and Casualty Co., No. 1:07cv942-LTS-RHW, S.D. Miss.; 2008 U.S. Dist. LEXIS 79856). Full story on lexis.com

Federal Judge Dismisses Claims Against Firm In Home Foreclosure Suit
CORPUS CHRISTI, Texas - A federal judge on Oct. 20 granted summary judgment in favor of a firm acting as foreclosure counsel for a home loan company on all of the claims asserted by a home-owner alleging that his house was wrongfully foreclosed on and developed mold while vacant (Steven C. Lopez v. Countrywide Mortgage and Barrett Daffin Frappier Turner & Engel, No. 2:06-116, S.D. Texas; See May 2008, Page 16). Full story on lexis.com

Federal Judge Dismisses Mold Insurance Dispute, Finds No Issues Of Fact
MCALLEN, Texas - A federal judge on Sept. 29 dismissed a complaint filed by homeowners claiming that their insurer improperly failed to pay their claims for water and mold damage to their home after finding that no genuine issues of material fact remain (Guillermo Mungia and Erminia Mungia v. State Farm Lloyds, No. M-02-115, S.D. Texas, McAllen Div.). Full story on lexis.com

Water, Mold Damage Not Caused By 'Occurrence' Under Policy, Panel Rules
DETROIT - The complained of property damage was not caused by an "occurrence" under a commercial liability policy and, therefore, the insurer was not required to indemnify or defend its insured against claims for defects causing extensive water damage and resultant mold, the Michigan Court of Appeals held Sept. 25 (James Prokes, as subrogee of Water-Tite Co. v. Auto-Owners Insurance Co. and Great American Alliance Ins. Co., No. 278321, Mich. App.). Full story on lexis.com

Judge Finds Class Can Proceed With Mold Medical Monitoring Claims
NEW YORK - After determining that a class of people alleging that their landlord inappropriately terminated their leases after discovering a mold infestation can proceed with claims for medical monitoring and violations of a New York business law, a federal judge on Sept. 29 rejected the landlord's motion to dismiss the class's claims in its entirety (Andrea Sorrentino, et al. v. ASN Roosevelt Center LLC d/b/a Archstone Westbury, et al., No. 08cv0550, E.D. N.Y.; 2008 U.S. Dist. LEXIS 82905). Full story on lexis.com

New York Court Finds Tenant Never Gave Proper Notice Of Mold Hazard
ALBANY, NY - The New York Court of Appeal on Oct. 28 held that a trial court properly dismissed a law suit filed by a tenant alleging that her apartment was contaminated with toxic mold because she never gave her landlord sufficient notice of the mold problem and there was no proof that she made continuous complaints regarding the condition of her apartment (Wendy Litwack v. Plaza Realty Investors Inc., et al., No. 159, N.Y. App.; 2008 N.Y. LEXIS 3299). Full story on lexis.com

Ohio Court Finds No Evidence That Sellers Concealed Mold Damage
CLEVELAND - An Ohio appeals court on Oct. 23 denied an appeal of a purchaser of a home that contained mold damage and water leaks, finding no evidence suggesting that the sellers intentionally concealed the alleged defects (Melinda Jordan v. Mae Bordan, et al., No. 90758, Ohio App., 8th Dist.; 2008 Ohio App. LEXIS 4599). Full story on lexis.com

New York Court Finds Mold Claims Barred By Real Estate Contract
BROOKLYN, NY - A New York appeals court on Oct. 7 denied an appeal filed by the purchasers of a home who alleged that the sellers dissuaded them from conducting a mold inspection before the sale, finding that the sale contract barred their causes of action (Aaron Kagan, et al. v. Andrew Freedman, et al., No. 2007-10979, N.Y. Sup., App. Div., 2nd Div.). Full story on lexis.com