Company says it won't pay for ton schools' mold

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Wednesday, October 23, 2002

4:55 a.m. CT

Company says it won't pay for ton schools' mold

By JESSICA RAYNOR

jraynor@...

PERRYTON - ton schools' insurance company said it would not pay the

school's black mold removal costs, alleging that faulty construction led to

the appearance of mold at the high school, said Robin Adkins, ton

schools' superintendent.

Adkins said the extensive testing, mold remediation, classroom renovation

and new roof cost the district more than $250,000.

He had expected much of it to be covered by the district's insurer, Zurich.

" They're denying the claim based upon an exclusion policy that says they

don't have to pay off if (the damage) is because of faulty workmanship, " he

said. " We're saying the guttering filled with snow and melted and came into

the building. They're saying that was a faulty design, and anything related

to damage for that, they're not responsible for paying. "

Adkins said the insurance company should have known what shape the building

was in before it insured it.

" Nothing changed from the time they chose to insure it until the problem

came, " he said. " I say to them, if you thought there was a problem with the

building, why didn't you tell us that up front? Why did you take our

payments all these months? "

A spokesman for Zurich North America said Tuesday the district could appeal

the decision, but the policy was clear.

" After we reviewed the claim, we concluded that damages claimed by the

school district were not caused by events that are covered by the policy, "

said Fields. " Property insurance policies are very specific about what

is or isn't covered as far as a covered event, which results in any problem

or damage. "

The district paid for the mold cleanup out of its capital improvements fund,

which depleted last year's budget, Adkins said. The district had to hold off

on some facilities upgrades because of the cost, he said.

" There were more minor projects... but this took all our time, energy and

funds. "

Robin Adkins, ton superintendent

He said the district was compiling information about the gutter system to

give to the insurance company, showing that it wasn't faulty workmanship,

but standard construction. Legal action could be pursued, he said.

A poor drainage system on the old roof was blamed for the school's mold

problems, which started in March when testing revealed the mold's presence.

After a week of remediation, students returned to their classrooms. Shortly

after, more mold was discovered down the hallway. In July, rainfall caused

the appearance of more mold in the previously remediated classrooms.

The district tore up carpets and replaced flooring with tiles. Walls were

completely reconstructed. A new roof went up on the building in late summer.

Students were able to return to classes by the beginning of this school

year.

" There were more minor projects we would have liked to have done, but this

took all our time, energy and funds, " Adkins said.