In the last year or so I have been working Commercial General Liability claims on apartment houses and night clubs etc About 75 % of the policies have a mold- fungi exclusion for BI/PD claims by 3rd party claimants. All the attorney represented cases are dropped when the insured and claimants attorney are advised the policy will not defend nor indemnify on behalf of the insured. Seems to me the trial lawyers will not take a good case of mold injury allegations; unless the insurance company will pay. If you investigate first party losses and not be unfair these claims will go the same direction. |