Local lawsuit one of an increasing number of cases involving mold in homes

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http://www.kansascity.com/mld/kansascity/3302823.htm

Posted on Tue, May. 21, 2002

Local lawsuit one of an increasing number of cases involving mold in homes

By TONY RIZZO

The Kansas City Star

For more than two years, son says, she didn't know how to

explain her frequent headaches, coughing fits, fatigue, hives and shortness

of breath.

Not until March did she and her husband, son, learn that her

illness was being caused by mold that grew hidden inside their home,

according to a lawsuit they have filed. They moved out of the Overland Park

house they bought in 1999.

With their lawsuit, which was filed May 6 in County District Court,

the sons join a growing number of homeowners nationwide who are taking

claims of mold-related health problems to court.

The sons seek unspecified damages from their insurance company, the

home's builder and the companies and persons involved in selling it to them.

" It's just been a real nightmare for them, " said their attorney, Louis

Accurso.

The house in the 12200 block of Mackey Street was built in 1994. The

sons bought it five years later for $205,000.

They own a piece of property that they are unable to live in and are unable

to sell, Accurso said. They temporarily are living with relatives in

Leawood.

Plans to remodel the house led an inspector in March to discover mold

growing on rafters, on floor joists and in air ducts, according to the

lawsuit.

" What we don't know is where else it might be, " Accurso said. " They're not

sure if it can be removed or repaired or if the entire thing will have to be

torn down. "

Even if the problem can be cleaned up, the couple will be required to

disclose the situation whenever they want to sell the property.

" Who's going to be interested in buying it? " Accurso asked.

In the lawsuit the sons say that the existence of mold was not

disclosed to them when they bought the house.

Loren Moll, an attorney for Reece & Nichols Realtors, said he knew of no

case in the country in which a real estate agent had been found liable for

failing to disclose mold contamination. Moll said there was " absolutely no

merit whatsoever " to the lawsuit as it pertained to Reece & Nichols.

The other defendants in the case either declined to comment or did not

return telephone messages.

After learning of the mold, the sons made a claim on their homeowner's

insurance policy for the current value of the house -- about $280,000 -- and

the loss of about $140,000 in contents.

Their insurer has not paid the claim, the lawsuit alleges.

Officials with the Environmental Protection Agency said they expected to see

an increase in mold-related lawsuits by homeowners, in light of a Texas case

last year.

In that case an Austin-area family who claimed that their home had become

uninhabitable because of mold contamination won a $32 million jury award.

That prompted an increase in mold-related insurance claims, Texas insurance

companies reported.

Because of the claims, Texas companies began changing policies to exclude

coverage for mold, limit the amounts paid for mold claims or charge higher

premiums for mold coverage.

Kansas insurance companies also are beginning to seek those kinds of

changes, according to a spokesman for the state insurance commissioner's

office.

The agency is reviewing 150 to 200 requests by companies to make changes to

their mold-related coverage, the spokesman said.

Greg Crable of the Environmental Protection Agency said insurance companies

reacted similarly in the past when environmental concerns such as asbestos

or radon became known.

Crable said mold thrives in moist, humid conditions and can be expensive and

difficult to eradicate.

Attorneys say they have heard of few such lawsuits being filed locally.

In one case in 1998, a $500,000 Leawood house was wrapped in a blue tarp to

keep out moisture. The owners' lawsuit was settled before trial in a

confidential agreement.

To reach Tony Rizzo, County court reporter, call (816) 234-7713 or

send e-mail to trizzo@....

The details

.. Molds are fungi that need oxygen, moisture and something to grow on, such

as wallboard, wood, cardboard boxes, paper, furniture and carpet.

.. Mold spreads by producing spores that become airborne.

.. Mold can trigger allergic reactions and cause respiratory, neurological

and intestinal problems.

.. To find mold, look for dark spots on walls, ceilings, window trim,

furniture, carpet, clothes, boxes and personal papers. But mold also can be

hidden inside walls or ventilation systems.

.. To get rid of mold, eliminate the moisture source, such as leaky pipes.

Remove and replace contaminated materials such as wallboard and wood. Seek

assistance from professionals, such as environmental consultants who have

expertise in mold or fungus removal.

.. For more information call the Kansas City chapter of the Asthma and

Allergy Foundation of America, (816) 779-0272.