Ed McMahon Sues Over Mold in House

[Guest guest]

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.

>

>

>

>

>

>

[Guest guest]

----- Original Message -----

Wrom: PHSCRTNHGSWZIDREXCAXZOWCONEUQZA

Sent: Thursday, April 11, 2002 8:53 AM

Subject: Ed McMahon Sues Over Mold in House

: For those of you who have not seen this or missed the TV media coverage

: see The Ed McMahon Mold Story

: in the Los Angeles Times.

: http://www.latimes.com/business/la-000025464apr10.story

: See related Mold News Stories:

: Former Governor W. Bush's Mansion.

: http://www.hobb.org/mansion.jpg

: Brockovich's Home.

: http://www.mindfully.org/Health/Brockovich-Mold-Crusade.htm

: Texas Attorney General's Field Office

: http://www.hobb.org/fieldoffice.jpg

: Janet Ahmad, President

: HomeOwners for Better Building

: San , TX

: http://www.hobb.org

:

: April 10, 2002

:

: Ed McMahon Sues Over Mold in House

: Courts: Entertainer seeks $20 million from insurer, alleging he was

: sickened by substance after botched repair.

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

: By ANN O'NEILL, TIMES STAFF WRITER

:

:

: 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.