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State demands insurance for mold damage, injury

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article reprinted from the UMConnection:  News Stories
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APRIL 2, 2003

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VOL. 14, NO. 7

 

 

 

State demands insurance for mold damage, injury

Marylands insurance commissioner announced March 18 that insurance companies may not exclude coverage for personal or commercial liability arising out of toxic mold contamination. However, they may limit mold-related coverage to $50,000 maximum.

This decision achieves middle ground by not permitting insurers to completely exclude coverage for mold, said Commissioner Steven B. Larsen in a news release, but they have the ability to cap the exposure.

Larsen also said that an insurance policy may not unreasonably restrict the time period for reporting a mold claim, meaning that it may not require a mold claim to be filed within a specified number of days following the covered loss

In recent studies of claims for property damage and bodily injury arising from mold exposure, the insurance administration found less of a problem in Maryland than in Texas and certain southeastern states. Thus, it decided to restrain the ability of insurance carriers to limit or exclude claims, and is requiring them to submit information on the extent of mold-related losses and claims to justify any future attempts to limit coverage.

While I am concerned about the limit on damages that can be imposed between the conference and our landlord, there has been considerably more than $50,000 in damages I am pleased that the state insurance commissioner recognizes mold as a source of real damage that must be covered by liability insurance, said the Rev. James Knowles-Tuell, conference treasurer.

This ruling will likely assist us in our discussions with both our insurance carrier and our landlord in recovering a greater portion of the costs we have incurred from the mold contamination in the Conference Center, Knowles-Tuell said.

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