“Nearly three decades have passed since the first mold cases made national headlines with reports of million-dollar verdicts, and yet it appears the field of mold-related litigation is still burgeoning,” writes Goldberg Segalla attorneys Thomas F. Segalla, Andrew J. Scholz and Matthew R. Shindell. “The experienced mold practitioner knows that the issues raised in the underlying mold litigation and in the related insurance coverage litigation are jurisdictionally and factually specific and present many complex scientific causation questions.”
This first-of-its-kind article, written by members of Goldberg Segalla’s Global Insurance Services and Environmental Practice Groups, provides an overview of many of these jurisdictionally specific mold-related litigation issues, and includes a checklist of how to successfully defend against mold claims. A 50-state survey of the three most critical and common legal issues arising from mold litigation will assist the practitioner and claims professional in developing the appropriate strategy to analyze and defend their positions. Absent a clear understanding of the liability and insurance coverage issues, those involved in mold litigation face tremendous exposure.