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Seeking answers to mold related problems is not an endeavor by a group of rabid lawyers out to feather their nests with the
tort of the day. The issue is complex, not cleanly defined and weighted toward those resisting the victim's relief.
There is nothing new about mold nor the seeking responsible accountability for damages of one person by another. If water
intrusion was caused by the person seeking relief, that person will generally be denied such relief. If a person pays insurance
premiums for protection against loss, that damaged person is due compensation by contract. If an injured or damaged person
suffers because of the actions or inactions of another, relief may be due that person.
HOMEOWNERS INSURANCE COMPANIES
We enter into contracts with insurance companies to protect us against loss for perils that are usually out of our control.
This is a typical spreading of the risk endeavor entered into by consenting parties; this type of indeminification having
been transacted for hundreds of years. We pay premiums and we get insured. The companies take premium compensation and pay
claims if losses fall under the policy provisions.
However, insurance companies are notorious for fighting tooth and nail to deny coverages and reduce claim amounts. In
the case of mold and biological coverage they are currently revising and amending policies as they are renewed. Did anyone
consult you about any modification? Insurance companies, by their nature have an upper hand; you have to have it, but on their
terms. There is no real competition. If you suffer a loss they can and often do exercise their power by dragging out payments
or denying coverages. You are forced to seek other shelter, endure inconveniences, and often pay additional rent while awaiting
contracted for compensation. Furthermore, there are strict notice requirements set out in the policy that if ignored can be
a cause for forfeiture of payements. Also, beware of policy language if you try to muddle through one. For example, in our
opinion, just because a provison "excludes" mold liability it does not mean you are not covered for mold damage.
In Mississippi there have been no reported appellate cases interpreting insurance policies concerning mold damage. Therefore,
guidelines are sparce. However, Mississippi law does require fair treatment with policy holders and if insurance companies
violate that duty they can be held accountable in the Courts for bad faith dealing and commensurate damages.
BUILDING CONTRACTORS
The numerous ways a contractor or subcontractor can negligently or wantonly cause or allow a building defect is far beyond
the scope of this discussion. Roof leaks, foundation problems, improper plumbing, and exterior installation defects are just
a few causes of water intrusion. Some defects are caused by sloppy work, some by ignorance and some by failure to follow proper
guidelines. Whatever the commission or omission, contractors are often responsible for the water intrusion that cause mold
growth.
HEATING, VENTILATION, AND AIR CONDITIONING
This particular type of contractor withstands heightened scrutiny. An acquaintance in the HVAC business related that when
all the cards are played, HVAC systems could be responsible for 70-80% of mold problems. The proper design, maintenance and
operation of HVAC systems are crucial if we choose to live and work in buildings that are sealed. Too much system is as problematic
as too little. Ducted, forced air systems are harbors for moisture themselves. Fibrous insulation holds moisture. Drip pan
and overflow pipes often malfunction. The defects are as numerous as there are different types of HVAC applications.
PRIOR OWNERS
When you purchase a house or commercial building the prior owner has certain legal obligations to disclose defects. These
warranties gained by the purchaser may be enhanced by the documentation executed by the parties prior to and during closing.
REAL ESTATE BROKERS AND AGENTS
Sometimes in the drive for commissions agents of the seller fail to disclose water problems or prior incidents of mold
growth. Remember, these agents represent the seller. All of this is confounded by the so called "dual agency" roles
played by agents in an attempt to represent both the buyer and the seller. One can only have one legal master; the principal.
"Dual agency" is an oxymoron that soon will suffer intense legal scrutiny.
ARCHITECTS
If a design is poorly conceived and implemented by an architect and this design causes water intrusion liability follows.
LANDLORDS
Landlords not only have contractual duties to the tenant by the lease agreement, but implied covenants of habitability
under common law and statute. As you read this there is an atttempt by apartment landlords to obtain modifications of lease
agreements through the distribution of flyers that appear to just remind a tenant of their obligations to keep the apartment
moisture free. In actuality the flyer is a pretense to amend the lease by the restricting landlord's liablility for mold growth.
CONCLUSION
There have been many cases filed to protect injured parties' rights as seen on the Home page of this site. Relief has
been granted by Courts in all jurisdictions. However, those responsible for damages are actively amending policies, enforcing
strict contractual provisions and attempting to alter present agreements to reduce, revise or delete their obligations to
the consumer. If you suspect property damage or personal illness caused by mold growth, call our legal group for a free consultation
to discuss your rights.
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