App. Ct. Rules Plaintiff Not Contributorily Negligent, Pollution Exclusion Does Not Apply

NEW ORLEANS - An appeals court ruled recently that a woman allegedly suffering from an aggravated allergic reaction to mold and other allergens in her work environment was not contributorily negligent to her own personal injuries. State Farm Fire and Casualty Co. v. M.L.T. Construction Co., Inc., et al. (Bouma v. HH&K Realty), Nos. 2002-CA-1811, 2002-CA-1812 (La. App. Ct., 4th Cir.).

The appeals court also ruled in its June 4 opinion that the total pollution exclusion endorsement in the defendant's insurance policy does not apply to this case in which mold and mildew allegedly resulted from an influx of rainwater.