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Toxic Mold and Internal Pollution Presented by: Joseph O. Collins, Jr. Sick Building Syndrome A product of “tighter” buildings Contaminents Formaldehyde (foam insulation) Fumes (paint and adhesives) Asbestos Carbon Monoxide Bacteria (Legionnaire’s Disease) Mold Sick Building Syndrome Molds Thousands of types Most are harmless Stachybotrys (black mold) Penicillium Sick Building Syndrome Symptoms Headaches Rashes Respiratory ailments Immune system compromise Lung disease Death(?) Case I – Remediation Responsibility Remediation Locate source and cause of mold contamination Determine nature and extent of contamination Remove contaminated materials Eliminate and disinfect Repair Responsibility – Causes of Moisture Construction defects Product defect (I.e., “Drivet”) Design defects Defective repairs Plumbing leaks Acts of God (floods, wind blown water) Insurers (failure to timely recognize claim) Property owner Owner’s Delimma Delays in determining responsibility of others Delays in acceptance of responsibility by others Delays caused by inability of others to respond to responsibility Delay exacerbates problems Responsibilities of others becomes owner’s Case II – Owner Liability Owner’s Liability for Failure to Repair Time and moisture Responsibility for moisture vs. responsibility for mold growth Exculpatory provisions in leases – no help Disclosure to Purchaser Disclosure to Lessees Knowing conduct Case III – Insurance Property Insurance “All Risks” Coverage Owner’s CGL Insurance Builder’s CGL Insurance Builder’s completed operations coverage “All Risk” Insurance Water damage resulting from windstorm or hail Water damage resulting from sprinkler leakage Water damage resulting break or crack plumbing and appliance “All Risk” Coverage Issues Was policy in force? Plumbing and appliance leaks? 14 day exclusion – “Continuous or repeated” Failing design, workmanship, or construction Contractors’ CGL Coverage Often excludes contractor’s own defective work – “business risk” Pollution exclusions New mold exclusion endorsements Contractors’ Completed Operations Insurance Part of CGL Coverage Similar to Products Liability Insurance Generally pollution exclusion not applicable OSHA Air Quality Investigations OSHA jurisdiction over air quality Building owners and employees