Court Rejects Argument that Damage Came From Water, Not Mold

MINEOLA, N.Y. - A New York trial court has granted an insurer's motion for summary judgment after rejecting homeowners' argument that damage to their new house came from water rather than dampness or mold, which the policy excluded. Ripka v. Assurance Company of America, et al., No. 3489/07 (N.Y. Sup., Nassau Cty.).

Nassau County (N.Y.) Supreme Court Justice Michele M. Woodard ruled Dec. 8 that mold and faulty workmanship exclusions in a policy issued by Assurance Company of America to David and Samantha Ripka precluded coverage for damage an expert blamed on the home's heating and air conditioning system.

In …