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Cases of Interest to Our Practice

Suit Barred by Insurance Policy's Time to Sue Clause

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.

Dismissal of Insureds' Claims for Personal Injuries Due to Mold

Leboeuf v Safeguard Insurance Company

Westchester County

Index #09202/2004

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.

Cases of Interest to Our Practice

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Speyer & Perlberg, LLP

Speyer & Perlberg, LLP

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