Ohio Appeals Court Says Exclusions Block Coverage for Water and Mold

CANTON, Ohio - An Ohio appellate panel has affirmed summary judgment for a home insurer that denied coverage for basement water and mold damage based on policy exclusions. Ross v. Ohio Fair Plan Underwriting Association, No. 07 CA 000010 (Ohio Ct. App., 5th Dist.).

Ohio's Fifth Appellate District said in its May 23 opinion that it didn't matter if the water intrusion came a sump pump drain during a severe storm because the policy expressly excluded such damage.

Gene and Judy Ross sought coverage in August 2004 after water entered their basement after a severe rainstorm. The Rosses claimed …