Whether Repairs Would Have Prevented Mold Damage Is Triable Issue; Appeals Court Reverses Summary Judgment

LOS ANGELES - An appeals court reversed a lower court's granting of summary judgment on behalf of the defendant insurance company in a case of delayed mold repairs to a "sick house," finding that the question of whether the repairs would have prevented subsequent mold and other damage is a triable issue. Daniel T. Thompson, et al. v. Fireman's Fund Insurance Company, No. B149380 (Calif. Ct. App., 2nd App. Dist., Div. Eight).

The appeals court stated in its July 16 opinion that the supposition that Fireman's Fund Insurance Company fully discharged its obligation to elderly homeowners Daniel and Ada Thompson …