Leboeuf v Safeguard Insurance Company

Dismissal of Insureds’ Claims for Personal Injuries Due to Mold

Insureds sued their homeowners insurance carrier and a remediation company retained by the carrier to recovery for personal injuries allegedly sustained as a result of their exposure to mold conditions exacerbated by the handling of their water damage claim. In granting summary judgment to the defendants, the court held that the insureds were unable, as a matter of law, to demonstrate a causal connection between their mold exposure and their symptoms using a methodology that is generally accepted in the scientific community. If upheld on appeal, this decision will make it extremely difficult for claimants to establish that exposure to indoor mold produces lasting injuries.