Leboeuf v Safeguard Insurance Company

Dismissal of Insureds’ Claims for Personal Injuries Due to Mold

Insureds sued their homeowners insurance carrier and a remediation company retained by the carrier to recovery for personal injuries allegedly sustained as a result of their exposure to mold conditions exacerbated by the handling of their water damage claim. In granting summary judgment to the defendants, the court held that the insureds were unable, as a matter of law, to demonstrate a causal connection between their mold exposure and their symptoms using a methodology that is generally accepted in the scientific community. If upheld on appeal, this decision will make it extremely difficult for claimants to establish that exposure to indoor mold produces lasting injuries.

Penna v Peerless Insurance Company

Index # 2007 WL 2769668 (WDNY)

Insured’s suit to recover under a homeowners Policy for water and mold damage was barred by the policy suit limitation provision despite an extensive claims investigation which included several partial payments and an examination that was conducted after the limitation period expired.

Super Storm Sandy Claim Dismissed as untimely, court rejected claims of waiver of time to sue

Lorem ipsum dolor sit amet, consectetur adipiscing elit. Donec elementum ac dui ac placerat. Vestibulum et urna eu sem commodo consectetur. Sed ornare, ipsum ac gravida suscipit, erat quam blandit dui, iaculis tempor augue ipsum quis lectus. Nullam sed enim at mi pulvinar varius. Maecenas nibh elit, interdum tempor diam ac, porta hendrerit justo. Ut eu leo arcu. In maximus nulla nec sapien dignissim, in viverra turpis ornare.