Appeals Court Reverses Its Decision to Allow Tenants to Pursue Mold-Related Penalty Claim Against Landlord's Insurer

SHREVEPORT, La. - Upon rehearing, an appeals court has reversed its decision that tenants, who alleged personal injuries due to mold exposure in a rental house, could pursue their claim against the landlord's insurance company. Chad E. Hebert and Shelly Hebert, Individually and on Behalf of Their Minor Children v. W. James Hill, III, et ux, and State Farm Fire and Casualty Co., No. 37,208-CA (La. Ct. App., 2nd Cir.).

The five-judge panel of Louisiana's Second Circuit Court of Appeal ruled Oct. 23, with two dissents, that the tenants were never claimants within the meaning of statute and, therefore, could …