Applicability of Mold Exclusion Will Require Jury Instruction

NEW ORLEANS - A federal judge denied an insurer's motion for summary judgment on mold claims brought by homeowners whose dwelling was damaged in 2005 by Hurricane Katrina, saying the motion was premature given the fact questions that remain. Carpenter, et al. v. State Farm Insurance Co., et al., No. 06-8456 (E.D. La.).

However, Judge Eldon E. Fallon of the U.S. District Court for the Eastern District of Louisiana said on Nov. 23 he would address the scope of the policy's mold exclusion in a jury instruction.

Jewel Carpenter sued State Farm Insurance Co. in Louisiana state court, seeking breach-of-contract …