Mold Law Guide [Book]

Whether or not you are a mold victim, or a present or future mold plaintiff or mold defendant, the Mold Legal Guide will help you and your lawyer to deal with and to survive financially the immense and complicated legal problems arising from mold issues that are commonly arising in today's lawsuit-crazy world in such business relationships as: landlord and tenant, employer and employee, property seller and buyer, realtor/real estate agent and seller or buyer, mortgage lender and debtor, home builder and buyer, and contractor and customer.  The book's very detailed Table of Contents is included at the bottom of this page. This very helpful book is co-written by mold expert Phillip Fry [Certified Mold Inspector, Certified Mold Contractor, Certified Environmental Inspector, Certified Home Inspector, ankd formerly with the U.S. Public Health Services National Institutes of Health, and formerly a hospital and medical center  administrator], and by Edward Dy, L.L.B. and webmaster of two legal information websites. Two other mold books that may also be of interest to you are---Mold Health Guide and Do-It-BEST-Yourself Mold Prevention, Inspection, Testing, & Remediation.

The price is $49.00 non-refundable. There is no shipping cost because this in depth book is delivered to you ONLY by email attachments or by fax [if you have a dedicated, always-on fax machine phone number]. After you have placed your book order, please email moldconsultant@yahoo.com with your choice as to your preferred email address or dedicated fax number for book delivery. Please allow at least one or two business days [Monday through Friday] to receive your book by email attachments or fax.

MOLD LEGAL GUIDE  Table of Contents

Chapter 1 Mold Lawsuits in the News

1.1 Mold lawsuits up by 300%

1.3 Mold forces cuts in hours in Tulare County Court

1.4 Mold-stricken Ed McMahon files lawsuit

1.5 Tennessee jail mold makes staffers ill; kills inmate.

1.6 Beware of illegal and unregistered fungicide.

Chapter 2 Legal implications of mold contamination of HVAC systems

2.1 Sick building syndrome and IAQ lawsuits.

2.2 HVAC manufacturing and design defects.

2.3 Legal liability of HVAC manufacturers for mold-related injuries.

2.4 Proposed HVAC design solutions.

Chapter 3 Possible legal causes of action and potential damage awards for mold contamination

3.1 What is a Tort?.

3.2 Four elements of tort

3.3 Duties of a Landlord.

3.4 Legal grounds to file lawsuit against defendants.

3.4.1 Negligence.

3.4.2 Strict Liability.

3.4.3 Breach of Warranties.

3.4.4 Constructive Eviction.

3.4.5 Workers Compensation.

3.4.6 Failure to Disclose.

3.5 How to claim workers compensation.

3.6 California Mold Disclosure Law..

Chapter 4 Damages Recoverable in Mold Cases

4.1 Diminution of value and cost to repair

4.2 Cost of remedying the defects.

4.3 Personal exception rule.

4.4 Personal injury.

4.5 Prejudgment interest

4.6 Attorney’s fees.

4.7 Punitive damages.

4.8 Emotional distress damages.

Chapter 5 Statute of Limitations for Mold Cases

5.1 Purpose of statute of limitations.

5.2 Delayed discovery rule.

5.3 Interruption of one-year statute of limitations.

Chapter 6 Verdicts & Settlements of Mold Cases

6.1 Recent Published Verdicts and Settlements of Mold Cases in California

6.2 Recent publicized old Cases in Other States.

6.3 Legal Liability of Insurance Companies.

Chapter 7 The mold-illness relationship

7.1 Hysteria or reality?.

7.2 Scientific Proof and the implications of Legal Liability.

7.3 Other reports linking mold to serious health and property damage.

Chapter 8 Mold Insurance Primer

8.1 Traditional mold insurance.

8.2 Mold insurance or incidental mold coverage?.

8.3 Types of Insurance.  

Chapter 9 Toxic mold insurance legislation 

9.1 The Comprehensive Loss Underwriting Exchange (CLUE)

9.2 Reporting Mold Damage to Your Insurer

9.3 Things to Consider When Reporting Mold Problem to Your Insurer

9.4 Additional Living Expense (A.L.E.) Coverage.

9.5 Coverage for Personal Items.

9.6 The Role of Your Mortgage Company. 8

9.7 Resolving Disputes with an Insurer or Claims Adjuster

 Chapter 10 Effectively Handling Mold and Water Damage Claims 

10.1 I Have Identified a Potential Water Damage Claim. What Should I Do?

10.2 What Can I Expect from my Insurance Company when I Report Water Damage?

10.3 What can my insurance company expect from me?

10.4 What can I do if I feel my insurance company is not being responsive?

10.5 Should I test my home if I find mold growing?

10.6 Should I move out of my home if I discover a mold problem?

10.7 I had to move out of my home. What can I expect from my insurance company regarding Additional

      Living Expense (ALE) coverage?

10.8 How can I control my ALE expenses?

10.9 How can I select a qualified remediator?

      How can I ensure the mold remediation and repair process is handled correctly and efficiently?

10.10 Should my belongings be cleaned or replaced?

10.11 What other information do I need?

Chapter 11 Texas Dept. of Insurance Suggested Practices for Insurers

11.1 What should the claimant expect when reporting water damage claims?

11.2 How can the overall water damage claims handling process be improved?

11.3 Should the home be tested?

11.4 What factors should be considered when determining whether a dwelling is wholly or partially

    untenantable and Additional Living Expense (ALE) is necessary?

11.5 What additional information, assistance and education can the insurer provide the insured?

Chapter 12 Mold in construction defect cases

12.1 Is mold a construction defect?

12.2 Statute of limitations in construction defect cases.

12.3 Mold-related construction defect cases.

Chapter 13 Real estate brokers’ rights and responsibilities

13.1 What real estate professionals must do.

13.2 Conduct a reasonably diligent visual inspection.

13.3 Watch for moldy conditions.

13.4 Disclose any known mold problems.

13.5 Incorporate mold considerations into sale and lease agreements.

 Chapter 14 Tenant rights and responsibilities

14.1 Checking into your apartment or house.

14.2 Renter’s insurance.

14.3 Lawn upkeep.

14.4 Quiet enjoyment

14.5 Repairs and mold remediation to your rental

Chapter 15 Insuring projects with mold coverage

15.1 Mold and pollution exclusion.

15.2 Subcontractor exclusion endorsements.

15.3 “Discharged”, “dispersed,” and other terminologies used by courts.

15.4 Is mold a “pollutant”?.

15.5 New insurance language that excludes coverage for mold.

15.6 New insurance products to deal with mold.

15.7 Contractors beware!

Chapter 16 Litigate or mediate? The Mediation alternative to lawsuits

16.1 Who can mediate a case?

16.2 Mediate or Litigate?

16.3 Will the court make me mediate?

16.4 How do I start the mediation process?

16.5 What if mediation does not settle my case?

16.6 What is the secret to a successful mediation?

Appendix A: Legal form – Tenant legal notice to landlord of mold infestation

Appendix B: Legal Form – Tenant legal notice to landlord that tenant is withholding rent

Appendix C: Legal Form - Tenant legal notice to landlord to vacate premises

Index

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