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 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
envirodangers@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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Mold Advice & Help
1. Hire a
Certified
Mold Inspector or use
our Do-It-BEST-Yourself
mold test kits for
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mold inspection and
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black mold toxic, other
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water mold, other
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household mold,
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heating-cooling duct mold,
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3. For
mold training,
mold education, and
mold certification,
visit:
Mold School.
4. If you are experiencing
black mold symptoms,
other
mold symptoms, a
mold allergy,
symptoms of mold allergy,
or you want to see
black mold pictures,
visit
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