Court Applies Insurance Settlement to Judgment Against Remediator

AUSTIN, Texas - A Texas appellate court has voided a $214,400.58 judgment against a mold remediator after concluding that a trial court erred in not applying the homeowners' $532,000 insurance settlement to the claim. Galle Inc. v. Pool, et ux., No. 03-07-00619-CV (Texas Ct. App., 3rd Dist.).

The Texas Court of Appeals, Third District, held in its Aug. 29 opinion that appellant Galle Inc. was entitled to a dollar-for-dollar setoff under the state's "one-satisfaction rule."

Galle's appeal raised only one issue, whether the 126th District Court in Travis County erred in denying the remediation company's demand that the settlement …