Court Orders Coverage for Mold from N.Y. Tenant's Marijuana-Growing Operation

NEW YORK - A New York landlord's insurer has been ordered to provide coverage for mold and other damage caused by the greenhouse effect of a tenant's marijuana cultivation. Raitses v. The Andover Cos., et al., No. 03-23527 (N.Y. Sup., Suffolk Cty.).

In an order filed on May 15, Suffolk County (N.Y.) Supreme Court Justice Robert W. Doyle rejected Merrimack Mutual Fire Insurance Co.'s reliance on various policy exclusions and ordered coverage for unspecified damage to property owned by Lea Raitses.

Raitses filed a claim with Merrimack for vandalism after discovering extensive property damage when her tenant, Joseph Tallat, moved …