Re: Ed McMahon Sues Over Mold in House

April 10, 2002

To all,

Ed McMahon has been contacted by the NTMC today. He is

part of the family clan of the Pres. of NTMC,

Carroll-Bower at:www.clancian-carroll.com

As sorry as I am this has happened we know that Mold

is not selective in who it takes prisioner.

I hope he will endorse our efforts publicly.

Carroll-Bower, Pres. and Founder

www.geocities.com/NTMC.html

--- Armstrong <hobbflorida@...> wrote:

> Dear All:

> Thought you would be interested.

>

> >

> > Courts: Entertainer seeks $20 million from

> insurer, alleging he was

> sickened

> > by substance after botched repair.

> > By ANN O'NEILL

> > LA TIMES STAFF WRITER

> >

> > April 10 2002

> >

> > Entertainer Ed McMahon is suing his insurance

> company for more than $20

> > million, alleging that he was sickened by toxic

> mold that spread through

> his

> > Beverly Hills house after contractors cleaning up

> water damage from a

> broken

> > pipe botched the job.

> >

> > McMahon and his wife, Pamela, became ill from the

> mold, as did members of

> > their household staff, according to the Los

> Angeles County Superior Court

> > suit. The McMahons also blame the mold for the

> death of the family dog,

> > Muffin.

> >

> > Their suit, the latest of many in recent years

> over toxic mold, was filed

> > late Monday against American Equity Insurance Co.,

> a pair of insurance

> > adjusters and several environmental cleanup

> contractors. It seeks monetary

> > damages for alleged breach of contract, negligence

> and intentional

> > infliction

> > of emotional distress. A spokeswoman for the

> insurance company declined to

> > comment.

> >

> > The trouble began in late July, when a pipe broke

> in the couple's

> > six-bedroom

> > Mediterranean-style house, which was filled with

> memorabilia from Ed

> > McMahon's long television career. The den was

> flooded. A month later, mold

> > was discovered in the den.

> >

> > The McMahons charge in court papers that they were

> assured they were safe

> > and

> > could remain in the house during the cleanup, even

> as the mold spread

> > through

> > the heating and air conditioning ducts to their

> bedroom. It invaded the

> > closets, contaminating their clothes. It also was

> found under the Jacuzzi

> in

> > the master bathroom.

> >

> > The McMahons questioned the contractors' cleanup

> methods, including simply

> > painting over the mold. As the job became more

> expensive and complex, the

> > insurance company and its contractors abandoned

> it, the suit charges.

> >

> > " They covered it until they realized how expensive

> it was, and then they

> > covered up, " said McMahon lawyer Allan Browne.

> " What they did was spread

> the

> > mold by allowing it to go into the air

> conditioning and heating ducts.

> When

> > they screwed up, they started saying, 'Maybe we're

> not responsible for

> this

> > job.' "

> >

> > " When your family loses its health and your home

> is a wasteland, that's a

> > colossal disaster, " McMahon said Tuesday.

> >

> > The McMahons' 8,000-square-foot house overlooking

> Coldwater Canyon stands

> > gutted as the entertainer, his insurance company

> and the environmental

> > cleanup contractors argue over who should pay to

> finish the cleanup,

> > according to court papers. The McMahons are

> renting a $23,000-a-month

> house

> > and, Browne said, have no idea where their

> insurance company has stored

> > their

> > clothing, furniture, artwork and memorabilia.

> >

> > " Hopefully, it's safe, but we don't know where it

> is, " Browne said.

> >

> > Awareness of toxic mold has increased in recent

> years because of a spate

> of

> > lawsuits. Among the most prominent litigants is

> Brockovich, who

> > discovered mold in the house she bought when the

> story of her legal

> crusade

> > on behalf of pollution victims was turned into a

> movie starring

> > .

> >

> > In response to the increased litigation, insurance

> rates have spiked in

> some

> > states. Insurers in some areas have stopped

> writing policies or offer only

> > bare-bones ones that don't cover mold problems.

> >

> > In June, for example, Farmers Insurance Group lost

> a $32-million lawsuit

> > filed by a Texas family that claimed toxic mold in

> their home caused

> severe

> > health problems. The jury found that the insurer

> failed to pay for needed

> > repairs for a water leak, which allowed mold to

> grow rampant in the house,

> > making it uninhabitable.

> >

> > In California, Gov. Gray signed the 2001

> Toxic Mold Disclosure Act,

> > which went into effect in January. The law

> requires anyone selling,

> leasing

> > or transferring property to disclose any

> potentially dangerous mold

> problem.

> >

> > " The mold that grew in this case was the poisonous

> variety, stachybotrys

> > chartarum, " Browne said. " This is the most

> dangerous mold of all. It can

> > cause death in people who are susceptible to

> respiratory ailments. "

> >

> > The McMahons' dog, a mutt who resembled a sheep

> dog, was in perfect health

> > until she suddenly became sick at about the same

> time the mold was

> > discovered, Browne said. " She was a sweetheart of

> a dog, incredibly smart,

> > as

> > frisky as you can imagine, " the lawyer said. " All

> of a sudden she got this

> > terrible respiratory ailment, and they had to put

> her down, " Browne said.

> >

> > And then, McMahon's and his wife's health began to

> suffer.

> >

> > McMahon, best known as the affable sidekick to

> talk show host ny

> Carson,

> > spent most of the fall coughing, sneezing and

> congested. " Nobody could

> > figure

> > out why he was unable to breathe, " Browne said. He

> spent four months on

> > antibiotics and had to cancel several speaking

> engagements. Finally, his

> > doctor ordered him out of the house and his health

> improved.

> >

>

__________________________________________________

April 10, 2002