Insured Not Entitled to Additional Living Expenses Until After Incurred, Court Rules

[Editor's Note: Although this decision does not result from a mold dispute, HarrisMartin editors feel it could have an impact on the future of mold-related cases involving claims for additional living expenses.]

SAN ANTONIO - A county court ruled recently that the insured in a bad faith case involving a water-damaged home are not entitled to recover additional living expenses until they become liable for those expenses. United Services Automobile Association, Appellant v. Starling Gordon and Ella Gordon, Appellees, No. 04-01-00714-CV (Texas 4th Ct. App., Bexar Cty.).

According to the Oct. 30 opinion, the court reversed the portion of a …