Court Orders Condo Owner to Repay $120,000 Advance to Insurer

NEW YORK - A New York appeals court on Oct. 31 affirmed a trial court order that a condominium owner must repay $120,000 in alternative living expenses advanced by his all-risks insurer because the policy did not cover mold damages. Siegel v. Chubb Corp., No. 114431/2003 (N.Y. Sup. Ct., App. Div., 1st Dept.).

The New York Supreme Court Appellate Division, 1st Department, said in affirming the April 12 decision by New York Supreme Court Justice Jane S. Solomon that Pacific Indemnity Co. 'met its burden of demonstrating that the mold exclusion of the policy applied.'

Citing Hritz v. Saco (18 …