Homeowner's Disputed 'Mold' Claim Still Barred by Exclusion

RIVERHEAD, N.Y. - A homeowner's claim for mold damage to her living room walls is barred by the policy's mold exclusion despite the insurer's insistence that the wall stains were caused by soot and candle smoke rather than mold, a New York judge has ruled. Bacquie v. State Farm Insurance Co., No. 22881/2009 (N.Y. Sup. Ct.).

Justice Edward W. McCarty III of the Nassau County (N.Y.) Supreme Court also said in his July 2 order that State Farm Insurance Co. did not waive coverage defenses by its initial decision to pay the policyholder's alternative living expenses.

Ena Bacquie submitted a …