Mold: Not the Next Asbestos Part One (b)

The Lillard-Roberts court agreed with the insurer, stating, as did the Fiess court, supra, that an ensuing loss clause "'does not reinsert coverage for excluded losses, but reaffirms coverage for secondary losses ultimately caused by excluded perils.'"⁷⁷ It emphatically concluded:

'Though not inevitable, mold is a natural event that often manifests after and as a direct result of the entry of water caused by some other peril, such as a roof opened by a hailstorm, a leaky pipe or defectively installed roof flashing. Mold cannot exist or sustain itself without some moisture source, such as water intrusion. When water …