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Thursday, February 23, 2006

Mold Litigation

With litigation involving asbestos having reached its high watermark, the insulation industry has been concerned as to whether any other issue will replace asbestos as cause for concern. In 2001, a jury in Texas awarded damages to a husband and wife in the amount of $33 million for claims related to the development and existence of mold in their home. With this decision known as the Ballard case, mold became a new item of concern for the insulation industry. Following Ballard, the number of insurance claims and court cases involving mold increased significantly. The number of these cases slowed somewhat in 2004 and 2005, but there is still significant interest in this area of litigation.

Articles have been written about mold in national publications, most meetings of trade organizations have had at least one presentation on their agenda concerning mold, and both the defense and plaintiff’s bars have held seminars concerning how attorneys should begin to address the mold issue.

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