Pa. High Court Reinstates Claims Against Insurer, Engineer in Black Mold Case

HARRISBURG, Pa. — The Pennsylvania Supreme Court has reinstated a negligence claim asserted against a homeowners’ insurer in a mold case, ruling that it is not barred by the “gist of the action” doctrine because the claim is one for tort rather than breach of contract.

In a Dec. 15 opinion, the high court also reinstated plaintiffs’ professional negligence claim against the engineer hired by the insurer to evaluate the mold, ruling that the plaintiffs were not required to obtain a certificate of merit before proceeding with their claim because they were not “clients” of the engineer.

David and Angela …