Insurance Coverage for Mold-Related Claims: A Critical Analysis of Potential Insurer Defenses Under Third-Party and First-Party Policies

photo-6photo-7icIendicn recent years, firms in the construction industry have faced an increasing number of claims related to the presence of mold, fungi, or similar substances in buildings that they own or that they constructed or designed. Developers, design firms, contractors, architects, engineers, manufacturers and suppliers of building materials, building owners, property managers, realtors, and others have become targets in lawsuits. In many cases, depending on the precise language of their policies and controlling state law, companies may be entitled to insurance coverage under commercial general liability (CGL) policies for the costs and liabilities associated with mold-related lawsuits. Even …