Ga. Court Finds Suit Against Insurer for Water and Mold Damage Untimely

ATLANTA - Georgia's Court of Appeals has ordered summary judgment for an insurer after concluding that a homeowner policy's one-year limitations period began to run when the homeowner discovered water damage on a ceiling, not the date on which an environmental firm reported a possible mold problem. <i.Encompass Insurance Company of America v. Friedman, No. A09A0144 (Ga. Ct. App.).

The court said in its June 12 opinion that a trial court erred in denying a motion for summary judgment by Encompass Insurance Company of America, and it reversed, finding the lawsuit by homeowner Toby Friedman to be time barred.