Abington Mold case growing

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t11152002.htm

Mold case growing

By J. Cronin / pcronin@...

Friday, November 15, 2002

Abington residents Dean and Patrice , who were forced to tear down

their home because it was infested with toxic mold, have been through a lot.

Now, the couple is gearing up for the fight of their life against one of

their former insurance carriers which terminated their home insurance.

The 's attorney, Leah Rochwarg, of Gadsby Hannah in Boston, filed a

civil suit against Safety Insurance Company at Suffolk Superior Court for

wrongly violating their insurance agreement. Rochwarg said she's still

investigating other possible lawsuits including who, if anyone, is to blame

for the cause of the toxic mold.

In September, the family decided they had no other choice but to tear

down their home because numerous insurance companies refused to help fix the

problem.

The s moved into their home, located on Road, in 1994. Since

then, all members of their family have fell victim to unexplained illnesses.

Dean has suffered neurological damage while Patrice has developed a

deficient immune system. Their oldest daughter, Deanna, 10, has asthma,

Mikaela, 5, has a chronic kidney infection and 3-year-old a has suffered

rashes that made her face puff up. The couple also lost their six-month-old

son to bacterial meningitis in 1996.

The s began searching for answers as to why everyone in their home was

getting sick and in 2001, they found out what they believe was the reason.

The s discovered toxic mold in their basement after noticing a strange

odor in the house. A crawlspace located in an addition to the house was full

of water and black mold. The s believe the toxic mold may have been

caused by the home's septic tank. The tank was left full and was never

dismantled when the property was hooked up to the town's sewer system in

1991.

Wanting to decontaminate the house, the s filed an insurance claim with

their insurance carrier, Safety Insurance, but the company rejected it and

as a result the s were left with no other choice but to tear the home

down and start over.

The lawsuit claims Safety Insurance failed to live up to its contract with

the s and failed to properly investigate their claim. Rochwarg said the

s have fully performed all of their obligations under their insurance

policy and there was nor reason to cancel their insurance.

According to Rochwarg, Safety Insurance violated the contract with the

s when the company failed to make a responsible determination of

coverage and to make a reasonable settlement offer.

After Safety Insurance rejected their claim, Rochwarg said the s tried

to get rid of the toxic mold themselves but to no avail. According to the

lawsuit, the s are seeking reimbursement for all the costs associated

with the damage.

Calls to reach Safety Insurance for comment on the lawsuit were

unsuccessful.

Rochwarg said one of the issues still being investigated is the cause of the

mold and who is to blame for it.

" We are still reviewing who else there may be a cause of action against, "

said Rochwarg. " The question regarding the sewer connection and the septic

tank that was not crushed is very complicated. There's a statue of

limitations and there are legal restrictions of certain filings. Right now

we're investigating who knew what when. "

Rochwarg would not comment on whether her clients will sue the town for

failing to dismantle the old septic tank.

" I can't disclose specifics of what we are investigating because it may

jeopardize the case, " said Rochwarg. " What I can say, is that we've made

several public records requests and have interviewed several people. We are

researching the law, strategizing, looking at all the facts to see if there

is another legal avenue to assist the s and make them whole again. "

Abington Sewer Superintendent Jim Howell recently sent out a letter to 500

homes which hooked up to the town's sewer system prior to 1990, warning them

they still might have an abandoned septic tank that was never pumped,

crushed or filled. Howell said the reason for that is because when municipal

sewer first became available in the early 1980s, it was not a condition of

the Sewer Use Ordinance to make sure the septic tanks were removed.

In 1990, the sewer commissioners added a new amendment to the Sewer Use

Ordinance which stated " all connections shall be made in the approved

manner; no caps and/or plugs are to be removed without explicit orders, and

under the direct supervision, of the superintendent or his designee, the

existing septic tanks must be pumped, crushed and filled then inspected by

the superintendent or his designee before any approval can be granted. "

Howell said the new move to see if all the old septic tanks were properly

taken care of was not spawned by the s. He said his department was

working on the issue before that situation even came up. The Sewer Use

Ordinance, however, also states, " costs incidental to the connection of the

building sewer to the public sewer and inspection by the superintendent or

his designee shall be borne by the property owner. In either case, the owner

shall indemnify the town from any loss or damage that may directly or

indirectly be caused by the installation and connection of the building

sewer. "

According to Abington Health Agent 's report, the 's

septic tank should have been crushed or filled with stone after the house

was connected to the town's sewer system. Her report also states the s

were asked, after their home was inspected by Mike Donovan of the sewer

department, if they wanted the tank crushed or filled and they said no.

Rochwarg said she's taking care of all the legal matters while her clients

continue to pick up the pieces of their lives. The s are currently

staying in Marshfield in a rented home waiting for their new house to be

built where their old house used to stand. Rochwarg said the s expect

to move into their new home by January.

" The s have been overwhelmed by the support and compassion from the

community, " said Rochwarg. " Some friends set up an account at Abington

ative Savings Bank to assist them. They are extremely grateful for the

support they have received. "