Toxic Mold Litigation, Second Edition

    By Raymund Camilo King

    Toxic Mold Litigation, Second Edition

    Toxic Mold Litigation, Second Edition

    By Raymund Camilo King

    Accessible for both lawyers and other real estate professionals, this is a practical “road map” for those who may have limited experience in handling mold claims and want to gain a common sense understanding of the legal issues affecting mold litigation. It covers the impact of mold on commercial and residential real estate, considering the issues form the differing vantage points of insurance, construction, and ownership.
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    Mold litigation has significantly affected the insurance industry, the construction industry, and the individual homeowner. We now see litigation targeted at schools, apartment complexes, single-family homes, public buildings, commercial buildings, and health care facilities. In addition, related litigation stemming from construction defects, negligent remediation, negligent environmental assessment, negligent HVAC repair, and even negligent architectural design has surfaced. Some attorneys view mold litigation as analogous to asbestos litigation, while some view it as a type of sick building syndrome case.

    Compounding this litigation is the emotional component associated with cases that involve something as personal as one’s own dwelling and that are even more emotionally charged if young children are involved. More and more frequently, mold claims involve more than just coverage issues; they now involve issues of bad faith and personal injury.

    Mold litigation is a unique entity unto itself, and the attorney who is most educated about the basic sciences, public perceptions fostered by the media, and the relevant issues regarding insurance, construction, and environmental hygiene will be best able to handle these mold claims effectively. Among the topics covered include::

    • History of toxic mold awareness
    • Assessing the mold claim and preparing for trial
    • Recent science behind mold litigation
    • Mold insurance coverage: the first party policy and insurance adjusters, and the third party policy
    • Government regulations
    • The impact of the floods and hurricanes affecting the gulf coast region
    • Checklists and copies of actual petitions and orders from U.S. mold cases, and more 

    Product Details

    Publishers

    ABA Book Publishing

    ISBN

    9781590318836

    Page Count

    349

    Product Code

    5190397

    Trim Size

    6 x 9 Paperback

    Publication Date

    8/7/2006 12:00:00 AM

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