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Table of Contents
- Introduction and Overview
- Venue
- Coverage Issues
- Exclusions
- Appraisal
- Underinsurance
- "Bad Faith"
Abstract
Mold, particularly some of the more toxic molds like Stachybotrys, can turn a minor, routine claim into a major and expensive problem. Perhaps because of the amounts of money that can be involved, insurance companies have frequently handled claims involving mold and mold exposure poorly. As a result, they face increased costs and legal exposure. More important, however, their insureds are often left with a financial crisis, without the support and help of the insurance company they trusted.
Purpose of this paper. The primary purpose of this paper is to identify and discuss certain specific issues concerning mold and mold exposure that arise in the context of litigation against insurance companies. The litigation will frequently include claims both for coverage (which may have been denied) and for bad faith. This paper is not intended to be an exhaustive review of the area, nor is it intended to be an exhaustive discussion of the legal issues.
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