Mold Legal Guide [Book]
Whether
or not you are a mold victim, or a present or future mold plaintiff or mold defendant, the
Mold Legal Guide will help you and your lawyer to deal with and to survive financially the
immense and complicated legal problems arising from mold issues that are commonly arising in
today's lawsuit-crazy world in such business relationships as: landlord and tenant, employer
and employee, property seller and buyer, realtor or real estate agent and seller or buyer,
mortgage lender and debtor, home builder and buyer, and contractor and customer.
The book's very detailed Table of Contents is included at the bottom of
this page. This very helpful book is co-written by
mold expert Phillip Fry [Certified Mold Inspector, Certified Mold Contractor, Certified
Environmental Inspector, Certified Home Inspector, and formerly with the U.S. Public Health
Services National Institutes of Health, and formerly a hospital and medical center
administrator], and by Edward Dy, L.L.B. and webmaster of two legal information websites.
Two other mold books that may also be of interest to you are---Mold
Health Guide and
Do-It-Yourself Mold Prevention, Inspection, Testing, & Remediation.
The price is $49.00 non-refundable. There is no shipping
cost because this in depth book is delivered to you ONLY
by email attachments. After you have placed your book order, please email
moldinspector@yahoo.com with your choice as to
your preferred email address for book delivery. Please allow at least one or two business days
[Monday through Friday] to receive your book by email attachments.
MOLD LEGAL GUIDE Table of Contents
Chapter 1 Mold Lawsuits in the News
1.1
Mold lawsuits up by 300%
1.3
Mold forces cuts in hours in Tulare County Court
1.4
Mold-stricken Ed McMahon files lawsuit
1.5
Tennessee jail mold makes staffers ill; kills inmate.
1.6
Beware of illegal and unregistered fungicide.
Chapter 2 Legal implications of mold contamination
of HVAC systems
2.1
Sick building syndrome and IAQ lawsuits.
2.2
HVAC manufacturing and design defects.
2.3
Legal liability of HVAC manufacturers for mold-related injuries.
2.4
Proposed HVAC design solutions.
Chapter 3 Possible legal causes of action and
potential damage awards for mold contamination
3.1
What is a Tort?.
3.2
Four elements of tort
3.3
Duties of a Landlord.
3.4
Legal grounds to file lawsuit against defendants.
3.4.1
Negligence.
3.4.2
Strict Liability.
3.4.3
Breach of Warranties.
3.4.4
Constructive Eviction.
3.4.5
Workers Compensation.
3.4.6
Failure to Disclose.
3.5
How to claim workers compensation.
3.6
California Mold Disclosure Law..
Chapter 4 Damages Recoverable in Mold Cases
4.1
Diminution of value and cost to repair
4.2
Cost of remedying the defects.
4.3
Personal exception rule.
4.4
Personal injury.
4.5
Prejudgment interest
4.6
Attorney’s fees.
4.7
Punitive damages.
4.8
Emotional distress damages.
Chapter 5 Statute of Limitations for Mold Cases
5.1
Purpose of statute of limitations.
5.2
Delayed discovery rule.
5.3
Interruption of one-year statute of limitations.
Chapter 6 Verdicts & Settlements of Mold Cases
6.1
Recent Published Verdicts and
Settlements of Mold Cases in California
6.2
Recent publicized old Cases in Other States.
6.3
Legal Liability of Insurance Companies.
Chapter 7 The mold-illness relationship
7.1
Hysteria or reality?.
7.2
Scientific Proof and the implications of Legal Liability.
7.3
Other reports linking mold to serious health and property
damage.
Chapter 8 Mold Insurance Primer
8.1
Traditional mold insurance.
8.2
Mold insurance or incidental mold coverage?.
8.3
Types of Insurance.
Chapter 9 Toxic mold insurance legislation
9.1
The Comprehensive Loss Underwriting Exchange (CLUE)
9.2
Reporting Mold Damage to Your Insurer
9.3
Things to Consider When Reporting Mold Problem to Your Insurer
9.4
Additional Living Expense (A.L.E.) Coverage.
9.5
Coverage for Personal Items.
9.6
The Role of Your Mortgage Company.
8
9.7
Resolving Disputes with an Insurer or Claims Adjuster
Chapter 10 Effectively Handling Mold and Water
Damage Claims
10.1
I Have Identified a Potential Water Damage Claim. What Should I Do?
10.2
What Can I Expect from my Insurance Company when I Report Water Damage?
10.3
What can my insurance company expect from me?
10.4
What can I do if I feel my insurance company is not being responsive?
10.5
Should I test my home if I find mold growing?
10.6
Should I move out of my home if I discover a mold problem?
10.7
I had to move out of my home. What can I expect from my insurance
company regarding Additional
Living Expense (ALE) coverage?
10.8
How can I control my ALE expenses?
10.9
How can I select a qualified remediator?
How can I ensure the mold remediation and repair
process is handled correctly and efficiently?
10.10
Should my belongings be cleaned or replaced?
10.11
What other information do I need?
Chapter 11 Texas Dept. of Insurance Suggested
Practices for Insurers
11.1
What should the claimant expect when reporting water damage claims?
11.2
How can the overall water damage claims handling process be improved?
11.3 Should the home be tested?
11.4
What factors should be considered when determining whether a dwelling is
wholly or partially untenantable
and Additional Living Expense (ALE) is necessary?
11.5
What additional information, assistance and education can the insurer
provide the insured?
Chapter 12 Mold in construction defect cases
12.1
Is mold a construction defect?
12.2
Statute of limitations in construction defect cases.
12.3
Mold-related construction defect cases.
Chapter 13 Real estate brokers’ rights and
responsibilities
13.1
What real estate professionals must do.
13.2
Conduct a reasonably diligent visual inspection.
13.3
Watch for moldy conditions.
13.4
Disclose any known mold problems.
13.5
Incorporate mold considerations into sale and lease agreements.
Chapter 14 Tenant rights and responsibilities
14.1
Checking into your apartment or house.
14.2
Renter’s insurance.
14.3
Lawn upkeep.
14.4
Quiet enjoyment
14.5
Repairs and mold remediation to your rental
Chapter 15 Insuring projects with mold coverage
15.1
Mold and pollution exclusion.
15.2
Subcontractor exclusion endorsements.
15.3
“Discharged”, “dispersed,” and other terminologies used by courts.
15.4
Is mold a “pollutant”?.
15.5
New insurance language that excludes coverage for mold.
15.6
New insurance products to deal with mold.
15.7
Contractors beware!
Chapter 16 Litigate or mediate? The Mediation
alternative to lawsuits
16.1
Who can mediate a case?
16.2
Mediate or Litigate?
16.3
Will the court make me mediate?
16.4
How do I start the mediation process?
16.5
What if mediation does not settle my case?
16.6
What is the secret to a successful mediation?
Appendix A: Legal Form – Tenant legal notice to landlord of
mold infestation
Appendix B: Legal Form –
Tenant legal notice to landlord that tenant is withholding
rent
Appendix C: Legal Form – Tenant legal notice to landlord to
vacate premises
Index
Two other mold books
that may also be of interest and great help to you are---
-
Do-It-Yourself Mold Prevention, Inspection, Testing &
Remediation. The Do-It-Yourself Mold Prevention,
Inspection, Testing & Remediation book by mold expert Phillip Fry
[Certified Mold Inspector, Certified Mold Contractor, Certified Environmental Inspector,
and Certified Home Inspector, and formerly with the U.S. Public Health Service National
Institutes of Health, and formerly a hospital and medical center administrator], enables
you [or others working under your directions] to do your own mold repairs on your home or
other real estate property so that: (1) you can be assured that the mold-related work was
done both safely and effectively; (2) you protect your family's health and the value of
your home or other property; and (3) you get your property mold work done at a small
fraction of the cost of hiring so-called "mold professionals" to do the mold necessary
mold prevention, inspection, testing, and remediation.
-
Mold Health Guide.
The Mold Health Guide will help you, your doctor, and your lawyer cope with
the health problems and illnesses caused by indoor exposure to mold infestation and
contamination in your home, school, or workplace. Discover the mold medical studies that
document the links between mold exposure and mold illnesses. Learn the health problems
caused by the most dangerous mold species.
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