Cohabitant Can Sue Home Insurer In Tort, But Not As Co-Insured

DALLAS - An insured's same-sex partner is barred from seeking coverage as an insured relative under a homeowner's policy but can sue in tort for the insurance company's alleged negligent failure to remedy mold, according to one federal judge. Walker v. State Farm Lloyd's, No. 3:03-CV-1514-R (N.D. Texas).

David Walker alleges that exposure to mold in a home he shares with Edward Blount caused him to suffer from sinusitis and respiratory problems. He blames the exposure on mold left untreated from a 1999 water leak. State Farm did remove mold from a bath area in 1999, but reopened the claim …