Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

The Battle over Mold: Report from the Front

By Stephen R. Mysliwiec
October 02, 2003

Over the last 2 years, there has been an explosion in lawsuits by owners of residential and commercial properties seeking compensation for the cost of remediating mold-related damage. Mold has become the new 'tort du jour' in the construction industry. With the rise in mold claims, homeowners and owners of commercial property have scurried to review their first-party property insurance policies to determine whether they are insured for such damage.

In anticipation of the expected flurry of first-party insurance claims and lawsuits regarding coverage for mold damage, there have been numerous articles written about whether such claims are covered. These articles have attempted to predict how the courts will rule on such claims, much like handicapping an election or a sporting event. But of course ' as in an election or a sporting event ' the real question is not who should win but who actually is winning.

Read These Next
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office Image

A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.

Bit Parts Image

Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights

Risks of “Baseball Arbitration” in Resolving Real Estate Disputes Image

“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.

Disconnect Between In-House and Outside Counsel Image

'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.

Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.