News & Insights: Monthly Archives

DO INSURANCE POLICIES COVER TOXIC MOLD?

It happens regularly. A client suspects their home (or office) is contaminated with mold, so the client hires me to investigate. We perform an investigation and discover dangerous levels of mold. Therefore we hire an indoor air quality expert to assemble a mold remediation plan. After additional investigations, we identify and locate the person responsible for causing the mold growth. The next step is to demand that the responsible party fixes the mold problems. Unfortunately, the responsible party has no money, so they make a claim on their insurance policy. Here is where the major problem arises: the insurance company claims that the insurance policy does not cover claims for damages caused by mold. Is the client out of luck?

Not necessarily. Frequently insurance companies interpret their policies very restrictively, allowing them to exclude coverage for damages that a careful reading of the policy demonstrates are actually covered. Moreover, many insurance policies are poorly drafted so that it is not clear whether coverage exists for toxic mold cases. In that event, North Carolina courts interpret ambiguous insurance policies in favor of coverage.

If an insurance company says that your mold claim is not covered, please call me. I have helped many families and businesses with this issue. It is frequently possible to fight the insurance company and find coverage for your mold claim.

If you find yourself in this circumstance, I would be happy to meet with you. There is no charge for the first meeting.

Matthew D. Quinn, 919-754-1600, matt@attybryanbrice.com

Construction litigation in Raleigh – Toxic mold contamination attorneys in Wake CountyPersonal injury law firm serving the Triangle

MOLD CONTAMINATION IN AN APARTMENT

I receive calls every week from families that have leased an apartment that turns out to contain mold. Oftentimes the landlord or property manager will remove the mold promptly, and all is well.

But what happens if the landlord or property manager will not remove the mold? Or, what if the tenant or a member of the tenant’s family develops injuries from the mold? Can the tenant force the landlord or property manager to remove the mold and pay money damages for the personal injuries? Frequently the answer is “yes.”

If you lease a residential apartment, you have rights. For example, the North Carolina General Statutes state that you are entitled to a habitable apartment that is free of “imminently dangerous conditions.” N.C. Gen. Stat. 42-42(a)(8). The statutes expressly state that “mold” is an example of a “dangerous condition” that makes an apartment uninhabitable. Therefore, if your apartment has dangerous levels of mold, the landlord has a duty to remove the mold and pay for damages caused by the mold.

Sometimes I see tenants who notify the landlord or property manager that their apartment contains mold, but the tenants do not provide written notice. It is extremely important that you provide your landlord with written notice of the existence of mold. In many circumstances, the North Carolina General Statutes require written notice.

If you find yourself in this circumstance, I would be happy to meet with you. There is no charge for the first meeting.

Matthew D. Quinn, 919-754-1600, matt@attybryanbrice.com

Construction litigation in Raleigh – Toxic mold contamination attorneys in Wake CountyPersonal injury law firm serving the Triangle

Law Office of F. Bryan Brice, Jr.’s Matthew D. Quinn represents homeowners in opposition to closure of Crooked Creek Golf Club

Associate attorney Matthew D. Quinn was quoted in the Triangle Business Journal’s recent article on the proposed closure of Crooked Creek Golf Club in Fuquay-Varina, North Carolina.

The owners of the golf course recently announced that the course would close on July 5, 2015.  Matt represents a group of homeowners living in Crooked Creek Subdivision, who argue that the golf course is restricted by covenants and easements that prevent the property from being used for anything other than golf uses.

The Triangle Business Journal’s story can be accessed here.

Matt represents a variety of clients in land use disputes, including homeowners’ associations, residents of subdivisions, individuals and businesses appearing before boards of adjustment for variances, and others.  If you have a question about land use issues, please feel free to call Matt — there is no charge for the initial consultation.

Matthew D. Quinn, 919-754-1600, matt@attybryanbrice.com

Land use attorneys in RaleighCivil litigation law firm in Wake County

TOXIC MOLD LITIGATION

Imagine purchasing your dream home. You saved your money for years to afford this home. You spent months researching the market, looking for that perfect home for you and your family. You move into the new home with the highest of hopes. Then you find something terrible: mold.

We have all heard about the dangerous effects of mold. Mold can cause numerous health problems, including asthma, allergies, hypersensitivity pneumonitis, allergic rhinitis, and many others.

Mold can also be expensive to remove. Frequently it is necessary to remove significant sheet rock, cabinets, flooring, insulation, and other issues. Also, the source for the mold must be fixed. For example, it may be necessary to clean and renovate an entire HVAC system to stop the spread of mold. Worse yet, many homeowners insurance companies claim that mold cleanup is not covered by insurance.

In these circumstances, many new homeowners have discovered that no one will help them: they cannot afford to remove the mold, and their home’s builder will not fix the problem, and their insurance company denies their claims.

Fortunately, you might have legal claims to force responsible parties to pay for mold remediation and compensate you for personal injuries caused by the mold. For example, purchasers of new homes oftentimes receive express and implied warranties from their home’s builder. These warranties may require that the builder fix the mold contamination and pay for personal injury damages. Also, it is frequently possible to identify a subcontractor who was responsible for the mold growth. For example, an investigation by an experienced legal team may reveal that a cabinet contractor damaged plumbing lines that resulted in water leaks and mold. Or it is possible that the HVAC system was negligently installed. There are many other examples.

If you find yourself with a home contaminated with mold, you might have legal recourse. Do not give up when your builder or insurance company deny your claims. Contact an attorney. I have helped many families through the physical and financial hardships caused by mold. I may be able to help.

If you find yourself in this circumstance, I would be happy to meet with you. There is no charge for the first meeting.

Matthew D. Quinn, 919-754-1600, matt@attybryanbrice.com

Construction litigation in Raleigh – Toxic mold contamination attorneys in Wake CountyPersonal injury law firm serving the Triangle