Mold Bodily Injury & Property Damage Claims Not Covered by Defendant's Homeowners Policy; Insurer Has No Duty to Defend

AMARILLO, Texas - An appeals court reversed a trial court's ruling and rendered judgment in favor of an insurer that contended it has no duty to defend the home seller in a case concerning the home buyers' alleged mold-related bodily injury and property damage. Allstate Insurance Company, Appellant, v. Alvin F. Hicks, Appellee, No. 07-02-0399-CV (Texas App. Ct., 7th Dist., Amarillo, Panel B).

According to the opinion issued Sept. 10 by Texas' Seventh District Court of Appeals, the insurance company does not have a duty to defend the home seller because the home buyers' alleged mold-related injuries and damages were …