Court Affirms Verdict For Nationwide Insurance in Texas Diminution Case

DALLAS - A Texas appellate court concluded June 22 that there was sufficient evidence for a jury to conclude that mold contamination neither reduced the value of a house nor made it 'untenantable.' Swiercinsky v. Nationwide Insurance Enterprise, No. 05-04-00124-CV (Texas Ct. App., Dallas).

Michael and Caprice Swiercinsky appealed the verdict reached by a jury in Rockwall County, Texas, that found the house was damaged by mold but awarded the couple '$0' for diminished value, rather than the $150,000 the couple sought. The jury also answered 'no' when asked whether the house had been rendered untenantable.

The Swiercinskys complained that …