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Mold Claims Defense For Property Owners


Mold lawsuits are on the rise nationally, and New Jersey is no exception. Insurance carriers are well aware that the number of these cases is growing and for this reason many property insurance policies are now excluding mold coverage.

The exclusion, called a microbial exclusion or mold exclusion, is designed to carve out mold claims from these policies. As a result, when tenants sue landlords for mold related claims it is now common for the insurance companies to refuse to cover the claims.

Which means that our landlord client is faced with having to address a potentially costly mold-related claim, or perhaps even lawsuit, without any insurance coverage. That is a frightening thought for most people in this situation which is happening with increased frequency.

Tenant mold claims against landlords usually take one of two forms. They either allege property damage: that the furniture, clothing and other valuables are damaged and must be remediated, or personal injury. This happens when a tenant alleges that the mold exposure has resulted in serious illness. Claim value range from nothing all, to millions of dollars. This is why not having insurance is significant.

And that might be where we come in. Lieberman Blecher & Sinkevich represents property owners and landlords in cases where the insurance carrier has denied coverage following a tenant’s claim or lawsuit. We have litigated many mold cases and are very familiar with the claims that are made, the monetary damages that are asserted, and the personal Injuries that are alleged to have been caused by mold in your rental property.

We know how to defend a mold claim from inception to conclusion. We know the kinds of experts that may be needed. We know the right questions that have to be asked.

But we do not stop there. If asked we will also challenge your insurance denial and try to obtain coverage for you including a fully funded legal defense through your insurance policy.

While it may be easy for an insurance company to say no to you, it is always harder for an insurance company to say no to a trained lawyer. They have many good lawyers on their side and that is exactly what you need on yours.

Are you a property owner who has been sued for mold related claims? We know mold litigation and we know this can be an overwhelming proposition for a landlord. If your insurance carrier has abandoned you, we will help you and we will fight for you. We will fight the mold claims filed against you and and we will fight with your insurance company to get you the justice you deserve.

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