Texas District Court Defines Untenantability in Water/Mold Damage Case; Defendant Wins Verdict But Still Pays ALE

MCALLEN, Texas - The jury in a federal water/mold damage case reached an Oct. 25 verdict in favor of the defendant in a case that offers several interesting points to consider, including that for the first time a Texas court has defined the term "untenantability." Ricardo Flores and Yolanda Flores v. Allstate Texas Lloyd's Company, No. M-02-095 (D. Texas, Southern Dist., McAllen Div.).

Until now, no Texas court has addressed the issue of untenantability. However, in this case the court found it necessary to define the term in order to reach a decision on expert testimony admissibility.

According to the …