Eighth Circuit Remands Case of Mold-Destroyed House to Decide Dominant Cause of Loss

ST. LOUIS - The U.S. Court of Appeals for the Eighth Circuit reversed a U.S. district court's grant of summary judgment in favor of an insurance company in a case concerning a house destroyed by flooding and mold growth, and remanded the case for further consideration of the issue of causation. Shelter Mutual Insurance Company, Appellee, v. Tommy Maples; Bessie Maples, Appellants, and First National Bank of Berryville, Defendant, No. 01-1978 (Cir. 8).

According to the Nov. 7 decision, the Eighth Circuit found that the determinative question regarding the dominant cause of loss in the case had not been answered …