Category: Uncategorized

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.

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.

See the attached presentation for a discussion of issues that routinely arise in connection with claims submitted under the standard collapse provision.

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Confused about ACV valuation in first party property claims? The current state of the law in New York regarding this issue is discussed in detail in a Focus paper prepared by Dennis M. Perlberg, Esq. and Gina M. Fortunato, Esq. for publication by the New York State Bar Association.

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Dennis M. Perlberg, Esq. was elected to be, and is a member of, the Counsel on Litigation Management, in recognition his adherence to the highest ethical standards and integrity in the legal profession.

On October 27, 2009, Dennis M. Perlberg, Esq. spoke at the First Party Claims Conference Program in Warwick, Rhode Island on the topic of “Commercial Property Forms and Endorsements”. A copy of the paper that the firm drafted, and which was distributed at the conference, is annexed hereto.

Click here to view this engagement.

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