5th Circuit Finds Family's Failure to Test was Lack of Due Diligence

NEW ORLEANS - A one-year statute of limitations is not tolled because of a homeowner's lack of knowledge of airborne mold spores where the homeowner was aware of mold damage and was told to test, the 5th Circuit held March 8 in affirming summary judgment for an insurer. Brady v. State Farm Fire & Casualty Co., No. 05-30716 (5th Cir.).

Richard and Schelle Brady, who sued on their own behalf and on behalf of their son, Trent, sued State Farm Fire & Casualty Co. for coverage of mold damage in their home.

State Farm had paid the couple's five …