Property Owner Files for Rehearing of Ruling that Mold & Water Damage Was Caused by Construction Defects, Not El Niño

PASADENA, Calif. - A commercial property owner has filed a petition for rehearing en banc a federal appeals court's affirmation of summary judgment in favor of the property's insurer. The appeals court ruled that the undisputed mold and water damages to the property were caused by construction defects, not by El Niño as argued by the owner. Factory Mutual Insurance Company, et al., v. Estate of James Campbell, No. 02-55659 (9th Cir.).

The petition for panel rehearing was filed Dec. 4, 2003, in the Ninth Circuit by the property owner, who argued that it was not aware of the mold …