Mold-Help.org - The world's largest TOXIC MOLD web site
  • Mold Basics
    • Mold Overview
    • Mold Symptoms
    • Mold Types & Images
    • Fungal Infections
  • Resources & Tools
    • Home Care
    • Health & Diet
    • Tips for Parents
    • Coping with Loss
    • Private Research
    • Legal Suggestions
    • Mold in the Bible
  • Mold News
    • Current Headlines
    • “Sick Buildings”
    • The Environment
    • Construction Industry
    • Govt. & Politics
    • The Workplace
    • Landlords & Tenants
    • Insurance Companies
    • Schools & Institutions
    • Strange Fungal Tales
    • Personal Mold Stories
    • Additional Articles
  • Agencies & Experts
  • About Mold-Help
    • Mold-Help News
  • Search
  • Menu
  • Twitter
  • Facebook

Legal: Anatomy of a Mold Case

in Legal Suggestions /by Carolyn Willbanks

STATE v. PAGE

STATE FARM LLOYDS AND ERIN STRACHAN, Petitioners,
v.
WANDA M. PAGE, Respondent.

No. 08-0799. Supreme Court of Texas.
Argued November 19, 2009.
Opinion Delivered: June 11, 2010.

Justice O’NEILL delivered the opinion of the Court.

Once again we are called upon to interpret the Texas Standard Homeowner’s Policy Form B, in this instance to decide whether it affords coverage for mold contamination resulting from plumbing leaks. We hold that when a plumbing leak results in mold contamination, the policy covers mold damage to personal property but not to the dwelling. Accordingly, we reverse the court of appeals’ judgment in part, affirm in part, and remand to the trial court for further proceedings.

I. Background
State Farm Lloyds issued Wanda Page a Texas Standardized Homeowners Policy Form B (“HO-B”) to insure her dwelling and its contents. In June 2001, Page discovered mold and water damage to her home and some of her personal property. She filed a claim with State Farm pursuant to her homeowner’s policy. Erin Strachan, a State Farm claims specialist, was assigned Page’s claim. At Strachan’s behest, a plumber tested Page’s plumbing system and discovered leaks in the sanitary sewer lines. Strachan then hired Industrial Hygiene & Safety Technology, Inc. (“IHST”) to perform an indoor environmental quality assessment. The assessment revealed a variety of different molds growing in the home. To abate the mold, IHST recommended that Page remediate the structure and some of its contents.

Following IHST’s recommendation, Page sought and received an estimate for remediation. In January 2002, State Farm provided Page with drafts in the amount of $12,644 to cover remediation and repair of the structure, and $13,631 to cover personal property remediation and three months of living expenses while the work was performed. In May 2002, Page sought additional funds to repair damage to her carpet, which State Farm refused to pay. A dispute ensued over the amounts needed to fully remediate and repair the home and its contents.

In September 2004, Page filed suit against State Farm alleging breach of contract, breach of the duty of good faith and fair dealing, fraudulent misrepresentation, and DTPA and Insurance Code violations. She also sued Strachan, alleging violations of the DTPA and the Insurance Code. About a year after the suit was filed, Page provided State Farm with an estimate for remediating her attic, and State Farm sent her $13,042 to cover the cost.

State Farm and Strachan (hereafter collectively “State Farm”) filed no-evidence and traditional summary judgment motions, claiming entitlement to judgment as a matter of law on Page’s breach of contract claim. State Farm argued that the HO-B policy expressly excludes coverage for all mold damage, there was no evidence that the mold damage resulted from a covered peril, and there was no evidence that Page was owed additional money. Because Page’s breach of contract claim was not viable, State Farm contended, summary judgment was proper on her extra-contractual claims as well. The trial court initially denied State Farm’s motions. After our decision in Fiess v. State Farm Lloyds, 202 S.W.3d 744 (Tex. 2006), however, the trial court reconsidered and granted summary judgment in State Farm’s favor disposing of Page’s mold-related claims. The court of appeals reversed, holding that Page’s HO-B policy covered mold damage to the dwelling and its contents. 259 S.W.3d 257. We granted State Farm’s petition to consider the extent of coverage Page’s HO-B policy affords for mold contamination resulting from plumbing leaks.

Tags: mold, toxic mold, lawsuit, legal, lawyer
Share this entry
  • Share on Facebook
  • Share on Twitter
  • Share on Reddit
  • Share by Mail
https://www.mold-help.org/wp-content/uploads/2019/03/moldhelp-654x300.png 0 0 Carolyn Willbanks https://www.mold-help.org/wp-content/uploads/2019/03/moldhelp-654x300.png Carolyn Willbanks2010-06-14 11:32:162018-10-25 21:09:36Legal: Anatomy of a Mold Case
You might also like
Mold-Help logo A Deadly Fungal Coverup of Gigantic Proportions
Mold-Help logo They have a multiplicity of losses from illness to belongings
Mold-Help logo First Signs of Blue Mold Discovered in 2005 Tobacco Season
Mold-Help logo Crews Tackle Black and Green Growths as Start Date for School Year Approaches
Mold-Help logo Baseball Gloves Recalled; May Make Owners Sick
Mold-Help logo Key Milestone in Antifungal Treatment for Severe Asthma

Resources & Tools

  • Private Research
  • Coping with Loss
  • Spiritual Definition
  • Legal Suggestions
  • Home Care
  • Tips for Parents
  • Health & Diet

Latest Posts

  • Every Season Has its Mold Challenges
  • Mold in Seattle Children’s Hospital Closes Operating Rooms for the Second Time
  • Toxic Mold Hides in California Schools
  • Dolgeville Residents Suffer Flood Damage after Halloween Storm
  • SC Renters with Mold Problems Have Very Few Options
  • Moldy Fall Leaves Make Me Sick
  • Black Mold is Growing in U.S. Prisons
  • LSU – Old school, Mold School
  • How Much Does Professional Mold Removal Cost?
  • The Cost of Fighting Mold in Your Home

Search Our Site:

Need Help with Mold?

Are you being affected by mold or other mycotoxins in your environment? Our team and community has over 15 years experience and can provide guidance. You can reach us by submitting your contact or through our Facebook page.

Have a Story to Share?

We're looking for stories and input to expand our database and to add to the personal experiences we've received from the thousands of victims over the last 15. If mold has impacted your life, please take the time to share your story. Your information is confidential and will only be shared with your permission.

Seeking Mold Experts

Are you an expert in the treatment of mold-affected health illnesses, or a provider of services to victims of mycotoxin exposure? Submit your information for listing consideration in our Agencies & Experts resource database.

Additional Resources

  • Contact Us
  • Sitemap
  • Glossary of Terms
  • Discussion Board
  • Survivor Resources
  • General Inquiries
  • Legal Disclaimer

© Copyright - Mold-Help Organization
  • Twitter
  • Facebook
  • Mold Basics
  • Resources & Tools
  • Agencies & Experts
  • Mold News
  • About Mold-Help
Scroll to top

This site uses cookies. By continuing to browse the site, you are agreeing to our use of cookies.

OKLearn more

Cookie and Privacy Settings

How we use cookies

We may request cookies to be set on your device. We use cookies to let us know when you visit our websites, how you interact with us, to enrich your user experience, and to customize your relationship with our website.

Click on the different category headings to find out more. You can also change some of your preferences. Note that blocking some types of cookies may impact your experience on our websites and the services we are able to offer.

Essential Website Cookies

These cookies are strictly necessary to provide you with services available through our website and to use some of its features.

Because these cookies are strictly necessary to deliver the website, you cannot refuse them without impacting how our site functions. You can block or delete them by changing your browser settings and force blocking all cookies on this website.

Other external services

We also use different external services like Google Webfonts, Google Maps and external Video providers. Since these providers may collect personal data like your IP address we allow you to block them here. Please be aware that this might heavily reduce the functionality and appearance of our site. Changes will take effect once you reload the page.

Google Webfont Settings:

Google Map Settings:

Vimeo and Youtube video embeds: