Belatedly Discovered Mold Damage Is Within the Scope of Signed Settlement Agreement, Rules U.S. District Court
May 1, 2003
DOCUMENTS
- Defendant’s Motion to Enforce Settlement Agreement
- Order and Reasons
- Plaintiff’s Opposition to Motion to Enforce Settlement
- Supplemental Memo in Support of Motion to Enforce Settlement
NEW ORLEANS- A U.S. District Court ruled April 7 that mold damage, discovered the day after a settlement agreement was signed between a business owner and its indemnity company, is within the scope of the agreement and, therefore, may not be brought as a supplemental claim. Tulane Property, Limited Partnership d/b/a Economy Motor Lodge, and General Contracting & Consulting Services, L.L.C. d/b/a Orleans Storm Office v. General Star Indemnity Company, No. 02-2020, Section "R" (3) (D. La., E. Dist.).
Even though the mold damage was not discovered until after the settlement agreement was finalized, the court stated that the law …
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