Thorough Look at Legal Aspects of Mold Claims Handling at February Meeting
By Bryan Harrison
Mold claims settlement has grown into big business in the past few years. Following initial stages of no workable standards or regulations, precedents are being established, and specific guidelines seem closer to being a reality.
Attorney Jeffrey W. Allen, esq., with Van de Poel & Levy, LLP, addressed the February 2006 gathering of the Central Coast Claims Association. Mr. Allen came equipped with a thick packet for those in attendance to utilize for deeper study and referral. In addition to the slides from his PowerPoint presentation, the packet included some powerful and useful articles and information. A chart-based review of jury verdicts and settlement decision from California Mold, Personal Injury, and Bad Faith claim cases could make for a quick reference. That was followed by “Suggested Adjuster’s H2O & Mold Specific Response Claims Handling Plan”, and “Adverse Human Health Effects Associated with Molds in the Indoor Environment”.
Mr. Allen referred to these articles in his presentation in discussing water intrusion issues and mold. He expressed the distinction and need for having a certified industrial hygienist working with the adjuster on scope of work a remediation contractor should do. “Always document,” he said. “Take photos - be proactive,” he advised.
“There should never be any conditions occurring on any construction site that you would not want photographed as part of your standard building practices,” he instructed.
Common sense, documentation, and thorough follow-up are all keys aspects of preventing Bad Faith claims.
He further recommended the Institute of Medicine (IOM) 2004 Report, a review of studies on health effects of mold, as a great resource.
For more info., and maybe a copy of the article information, contact Jeff Allen at (925) 934-6102, or by email at: info@vanlevylaw.com.
Thanks to All Our February
Door Prize Contributors
American Technologies, Inc.
CPR Services, Inc.
Custom Commercial Fabric Restoration
Dietz & Associates, Inc.
EFI Global
Fabric Restoration Service Team
Har-Bro Construction
Marriott Execustay
Restoration Management Company
ServiceMaster
Tucknott Electric Company
Vanderbuilt Construction
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CCCA VP Ann Marie Yadegar thanks guest speaker, Jeff Allen

Deanie Pearson and Julie Laughery

Congrats to Damon Conn, of DNA Housing Assistants, on winning the 50/50 Raffle.

Great to see Ind. Adjuster and long-time member, Bob Hampson.

Lisa Winn, of Vanderbuilt Construction
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