Many insurance companies are calling mold the new asbestos.
Thousands of insurance claims have poured in across the country
seeking damages from mold and now insurance companies are fighting
back, saying the suits are based on junk science.
For civil litigation attorneys, mold is gold. Since 1999, mold-related
lawsuits against building contractors, insurance companies, hotels,
schools and airports have increased by 300 percent, and 10,000 suits
are pending nationwide.
"It's our conclusion that the current literature does not provide any
reason to believe that in the indoor environment one could or would
inhale a toxic dose of microtoxins, [or mycotoxins ]" said Brian
Hardin of Globaltox Inc., a consulting company on toxic environmental
hazards.
In 2001, a Texas jury awarded $32 million in damages to a family that
claimed severe illness from exposure to toxic mold in their home. That
opened a floodgate of litigation in places like Texas and Florida.
"The mold claims have driven up the cost of construction. They've
driven up in terms of the inability to obtain insurance coverage,"
said Anita Drummond, of the Associated Builders and Contractors.
"Something like mold can have a dramatic impact on homes being built
and the resale market. If you own a home and for some reason you've
been there 15 or 20 years and you had a small leak you didn't know
about and you have mold in your home that's been discovered, you can't
sell your home. That does not do anything to help individuals, nor
does it do anything to stimulate the economy -- quite the opposite,"
said Rep. Gary Miller, from California.
Mold plaintiffs and mold lawyers say the insurance industry is trying
to shirk its responsibility to mold-stricken policyholders.
"They need to abide by their end of the deal. The people that pay
their premiums, the insurance companies take it, yet when they take
the money they don't want to pay on valid claims. Mold claims, the
right mold claims, are, in fact, real. People do get sick from them
and the insurance companies just don't want to pay. That is really the
problem," said Robert Steiberg, an attorney.
Experts say mold thrives in new, well-insulated houses that trap heat
and moisture. Right now there is an entire nationwide mold remediation
industry devoted to ferreting out the fungus.