RT ECP: Habitational

March 26, 2025

Georgia Federal Court Applies “Fungi or Bacteria” Exclusion and Holds Insurer Owed No Duty to Defend Mold Exposure Wrongful Death Suit

Source: https://www.jdsupra.com/, March 25, 2025 By: William Craven & Brenden Dougherty, Akerman LLP In Nationwide Property & Casualty Insurance Company v. Hampton Court, L.P., et al.[1] the United States District Court for the Northern District of Georgia granted an insurer’s motion for judgment on the pleadings that it owed no duty to defend an underlying suit […]

March 24, 2025

Site Redevelopment

Source: https://www.greatamericaninsurancegroup.com/ A site which had been purchased five years prior and insured under a premises policy was being redeveloped into multi-family residential units. During the development process, soil was being removed from the basement and testing revealed lead and other wastes. Upon further testing, a “hot spot” was identified that required removal and disposal […]

March 13, 2025

Mold Discovered in Bathrooms Several Years After Apartment Construction

Source: https://www.greatamericaninsurancegroup.com/ A few years after construction of the upscale apartment community, tenants complained about discovering mold in the bathrooms. Several tenants moved and filed claims for alleged bodily injury and property damage. An extensive investigation revealed that construction defects associated with shower installation caused severe water intrusion and moisture build-up. Damages to the property […]

September 13, 2024

Fourth death linked to Legionnaires’ disease cluster at New York assisted living facility

Source: https://abcnews.go.com/, September 10, 2024 A fourth person has died amid an outbreak of Legionnaires’ disease at an assisted living facility in upstate New York, health officials said Tuesday. Albany County officials announced the initial three deaths last week, among ten people who tested positive for the disease at Peregrine Senior Living at Shaker in […]

August 25, 2023

Redevelopment – Historic Fill

Source: Distinguished Programs An old office building was demolished as part of a high-rise apartment complex redevelopment project. Following demolition, fill material was observed beneath the building slab of the former office building. The former office building was constructed in the vicinity of a historic riverbed and the area was filled to allow for development. […]

August 24, 2023

Insurer Berkley Wants Judge in Virginia to Toss $5.8M Jury Verdict Over Mold Claim

Source: https://www.insurancejournal.com/, August 23, 2023 Berkley Assurance Co. is asking a federal judge in Virginia to throw out a $5.8 million jury verdict against it in a case where the insurer maintains a construction firm failed to notify it of its mold claim in a timely manner. The insurer insists that the evidence establishes as […]

August 14, 2023

Mold – Residential

Source: Distinguished Programs A child living in an apartment complex began experiencing breathing problems. An inspection of the apartment unit uncovered mold in the bedroom closet from  a leak in the apartment unit directly above. The child developed asthma and the family filed a lawsuit against the apartment complex for the child’s bodily  injuries. The […]

August 9, 2023

Apartment

Source: Distinguished Programs A child living in an apartment complex began experiencing breathing problems. An inspection of the apartment unit uncovered mold in the bedroom closet from a leak in the apartment unit directly above. The child developed asthma and the family filed a lawsuit against the apartment complex for the child’s bodily injuries. The […]

June 22, 2023

Residents evacuated from toxic Milwaukee apartments may not be able to move back in for several months

Source: https://www.wpr.org/, June 22, 2023 By: Evan Casey Matrix Martinez spent months working extra hours at his job to save up money to move into his first apartment at the Community Within the Corridor development in Milwaukee in December. “I put so much work into that apartment,” Martinez said. But for the past three months, […]

June 16, 2023

Alleged health risks spark class-action lawsuit against Milwaukee developer

Source: https://wislawjournal.com/, June 15, 2023, Attorneys on Wednesday filed a class-action lawsuit against the developer of the Community Within the Corridor (CWC) redevelopment on behalf of a resident who said she faced illness after evacuating from the Milwaukee redevelopment in March. In March, around 150 people had to evacuate from the affordable housing redevelopment project […]

May 22, 2023

Condo complex near Cutler Navy base deals with water pollution by ‘forever chemicals’

Source: https://www.newscentermaine.com/, May 22, 2023 By: Joyce Kryszak From the deck of their Beachwood Bay Estates condominium in the Washington County town of Cutler, Rita and Gary VanGyzen spend mornings drinking coffee and breathing fresh ocean air off the deep blue waters of Holmes Bay. A promotional video produced by the condominium homeowner’s association captured […]

June 9, 2022

Two dead, 24 diagnosed in Legionnaires cluster in the Bronx

Source: https://gothamist.com/, June 1, 2022 by: Catalina Gonella Two people have now died from Legionnaires’ disease in the Bronx, health officials said Wednesday. The city’s health department said 24 people have been diagnosed since May 3rd, and four are currently hospitalized — the latest update on the cluster of cases in the Highbridge neighborhood of […]

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