1.1 Mold lawsuits up by 300%
1.2 Denver International Airport faces mold lawsuits
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 Mold claims spread to cars
1.7 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 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 and 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
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 Department 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 Consumers’ home-buying and home remodeling guide

15.1 What to do before you buy
15.2 Hire a professional home inspector
15.3 Inspection: when and how should it be done?
15.4 Building a new house
15.5 Home-buying FAQ
15.6 Guard yourself against poor construction work
15.7 What the new home buyer should know before close of escrow
15.8 What is binding arbitration?
15.9 Russian roulette
15.9 Just who is really being harmed the most by the arbitration clause?

Chapter 16 Insuring projects with mold coverage

16.1 How builders should manage and insure their risks and assets
16.2 Building industry liability crisis
16.3 General liability insurance
16.4 Eight-point plan to manage your risks
16.5 What builders must do when mold and fungus arise
16.6 Mold and pollution exclusion
16.7 Subcontractor exclusion endorsements
16.8 “Discharged”, “dispersed,” and other terminologies used by courts
16.9 Is mold a “pollutant”?
16.10 New insurance language that excludes coverage for mold
16.11 New insurance products to deal with mold
16.12 CGL policies and the liability crisis
16.13 From “buyer beware” to “builder beware”
16.14 What builders must do to survive

Chapter 17 The mediation alternative to lawsuits

17.1 Who can mediate a case?
17.2 Mediate or Litigate?
17.3 Will the court make me mediate?
17.4 How do I start the mediation process?
17.5 What if mediation does not settle my case?
17.6 What is the secret to a successful mediation?

Chapter 18 The dark side of arbitration

18.1 The abuse of binding arbitration in new-home contracts
18.2 The nature of binding arbitration
18.3 Lack of consumer protection for new homebuyers
18.4 History of arbitration in home contracts
18.5 Interim studies by the Texas House of Representatives
18.6 Homebuilders with arbitration clauses
18.7 Lack of an “Alternative” Dispute Resolution (ADR) system
18.8 Other available Alternative Dispute Resolution (ADR) systems
18.9 The benefits of arbitration to the homebuilding industry.
18.10 High cost of arbitration
18.11 Biased arbitrators
18.12 Exceptions to the arbitration clause
18.13 Recommendations and conclusions
18.14 Arbitration FAQs: Is binding arbitration faster, cheaper, better?
18.14.1 Is binding arbitration faster than our court system?
18.14.2 Is binding arbitration cheaper than our court system?
18.14.3 Do I have a choice to select arbitration over our court system?
18.14.4 Should I buy a new home with a mandatory arbitration clause in the contract?
18.14.5 Which builder in Texas have mandatory arbitration clause?

Chapter 19 Medical malpractice lawsuits

19.1 Types of medical malpractice
19.2 Damages for medical malpractice
19.3 Medical records
19.4 Limits on recoveries
19.5 Surgical injuries
19.6 Surgical injury statute of limitations

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 vacate

Index

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