Allstate Wins Summary Judgment on Some Claims but Not Ensuing Loss

HOUSTON - A federal judge in Texas on March 2 granted a home insurer summary judgment on mold contamination arising from uncovered or unproven causes but stayed a decision on the homeowners' claim for ensuing loss coverage pending a ruling on that issue by the Texas Supreme Court in Fiess. Gordon v. Allstate Texas Lloyd's, et al., No. H-04-1061 (S.D. Texas).

On a question certified by the Fifth Circuit U.S. Court of Appeals, the Texas Supreme Court is considering whether a homeowner can claim coverage for mold under an ensuing loss provision, despite a mold exclusion, if the policy provides …