There has been a substantial amount of media attention regarding the dangers of 'toxic' mold and litigation risks related to this issue. However, courts remain unsettled in how to deal with the novel issues raised by toxic tort claims, and there is a debate in the medical and scientific community regarding the effects and dangers of mold. Making matters more problematic for potentially impacted individuals and businesses is the lack of established standards regarding mold exposure and clean up, and a lack of knowledge on the issue by those who act in a day to day decision-making capacity.
This seminar is designed to provide attendees with up to date information regarding the mold 'problem' as well as steps which can be taken to prevent mold contamination issues and to remediate exposure once it arises. The seminar will also provide a practical risk-management approach to the dangers of 'toxic' mold and tort exposure which may result, including a comprehensive review of insurance coverages available to minimize internal risk. The seminar will also provide an overview of the current state of toxic mold litigation, including scientific and legal developments, and will suggest practical approaches to dealing with toxic mold litigation if it arises.
This seminar should prove invaluable for those potentially affected by mold claims, including those in the construction and real estate industry.
9:00 a.m. - 10:30 a.m.
I. Mold Health Concerns And The Indoor Environment
A. Indoor Mold – What Is It, And Why The Continuing Public Hysteria
B. Mold And Disease – What Is Known Today And What Is Under Study
C. Moisture And Buildings
D. Mold And Building Investigations And Quality Control
E. Evaluating Risks Of Mold And Preventative Measures
F. Property And Personal Injury Claims
G. Mold Remediation
H. Proactive Risk Management And Transfer Of Risk
10:30 a.m. - 10:45 a.m.
10:45 a.m. - 12:15 p.m.
II. Risk Management And Insurance For Toxic Mold Issues
A. The Extent Of The Problem
B. Policy Issues
C. Types Of Coverage Available
1. Builder's Risk Policies
2. General Liability Policies
3. Other Commercial Policies
D. Policy Issues
1. First Party vs. Third Party Policies
2. Occurrence vs. Claims-Made Coverage
3. Coverage And Exclusions Under Various Typical Property Insurance Policies
E. Making A Mold Claim
F. Investigating A Mold Claim
G. Underwriting Concerns And Specific Mold Insurance
H. Avoiding Mold Claims
12:15 p.m. - 1:15 p.m.
Lunch (On Your Own)
1:15 p.m. - 2:45 p.m.
III. Practical Guide To Resolving Mold Claims: Settling, Mediating And Minimizing
A. Conducting The Initial Investigation
B. Indoor Air Quality Assessments
C. Evaluation Of Mold Prevention Efforts
D. Evaluation Of Existing Insurance And Notification Of Insurer
E. Retention Of Proper Experts In The Field
F. Prompt Remediation And Mitigation Of Damages
G. Identification Of Other Potential Causes Of Claim And Other Potentially Responsible Parties
H. Potential For Alternative Dispute Resolution
2:45 p.m. - 3:00 p.m.
3:00 p.m. - 4:30 p.m.
IV. Defending Mold Claims
A. Legal Standards And Status Of Current Case Law Regarding Mold Claims
B. Avoiding And Minimizing Potential Liability
C. Raising Proper Defenses
1. Challenging Venue
2. Challenging Causation-Obtaining And Utilizing Proper Experts
a. Admission Of Expert Testimony In Federal Court
b. Admission Of Expert Testimony In State Court
3. Challenges To Remedial Measures And Documentation Of Efforts
4. Contributory Negligence And Other Potentially Responsible Parties
5. Class Actions-Challenging Class Certification
6. Invoke Statute Of Limitations/Statute Of Repose