No Coverage Because Experts Say Mold Was 'Not Dangerous'

CLEVELAND - A homeowner's insurer has no duty to pay claims for exterior mold damage where the mold was deemed "not dangerous" by experts and, therefore, did not meet the policy's definition of "physical loss," an Ohio appellate panel has ruled (Mastellone v. Lightning Rod Insurance Co., No. 88783 (Ohio App., 8th Dist.).

On Jan. 31, the Ohio Court of Appeals, 8th District, reversed the trial court's denial of Lightning Rod Insurance Co.'s motion for judgment notwithstanding the verdict. The panel also affirmed summary judgment in favor of the insurer on bad faith claims, finding the insurer was justified in …