Chris Clinton's Family seeks toxic mold liability legislation

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http://www.phillyburbs.com/couriertimes/news/news/1223toxclintons.htm

NEW BRITAIN

Family seeks toxic mold liability legislation

Clinton discovered black mold growing inside the harmless-looking

walls of the family room and later learned it was a kind of fungus that

produces toxic spores.

By CHRISTINE MORAN

Courier Times

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The Clinton family (from left) Dylan, 9 months, Noah, 3, and

in front of their New Britain home which is contaminated with toxic mold.

(Photo: Ophelia Lenz/Courier Times)

Before June, Clinton and his wife, Lucania, had never put the

words " toxic " and " mold " together in the same sentence.

Now, they are asking local lawmakers to pass a state law so other

Pennsylvania homeowners won't have to suffer what they've suffered.

When the Clintons moved to Bucks County from Florida in November 1999, they

wanted to plant roots. They paid $232,500 for a two-story, gray Colonial in

a quiet neighborhood on Stonyhill Drive in New Britain Township, where their

18-month-old son, Noah, could play in the back yard.

They never imagined that less than two years later they would be forced from

that home by a substance they did not even know existed. Clinton

discovered black mold growing inside the harmless-looking walls of the

family room and later learned it was a kind of fungus that produces toxic

spores.

, Noah and 9-month-old Dylan left 380 Stonyhill Drive in July

and have not spent a night inside since. They have lived with neighbors,

with family and, most recently, in a Doylestown apartment paid for - for

now - by their home insurance company.

In the past six months, the Clintons have spent more than $100,000 trying to

get rid of the mold, and they expect to spend up to $50,000 more. They still

are not sure if their home will be safe enough for them to return to in

February, as planned.

Now, wants the state and federal government to regulate toxic mold

issues.

" I won't rest until it happens, " he said recently in front of his

uninhabitable home. " No one should have to live what we've lived since

July. "

Threat debated

The Clintons are at the crest of an environmental issue swelling across the

country. Insurance claims and lawsuits for home damage, property loss and

health problems due to mold are on the rise. Some health and legal experts

have compared the emergence of toxic mold issues to that of asbestos 30

years ago.

Yet, some scientists still disagree over whether mold is a health threat at

all, and there are no federal standards for acceptable levels of exposure.

" There still is a lot of work to be done, " said Bernadette Burden, a

spokeswoman with the national Centers for Disease Control and Prevention in

Atlanta. " Research isn't as advanced as the research in other areas. There's

a lot of speculation, but few hard facts. "

While the link between mold and illness has not been conclusively proven, an

increasing number of people are looking around their homes and wondering

what is in their walls.

Mold is a common substance and can be found nearly everywhere. Hundreds of

strains flourish in damp, warm, airtight environments.

A few types of molds are known to produce toxins. When concentrated indoors,

these molds - including aspergillus, penicillium and stachybotrys - can be

harmful, some experts say. Growing numbers of people have blamed these

strains for illnesses, including respiratory problems, headaches, memory

loss and dizziness.

The symptoms are what alerted the Clintons that something was wrong.

Sinus infections, headaches, bronchitis and dizzy spells were common in

their household. The family had been sick for nearly two years, but they

couldn't figure out why.

Nine-month-old Dylan had upper respiratory infections.

Three-year-old Noah's eyes were irritated, his nose ran and he coughed a

lot.

34, started misplacing things. One day after a trip to the store, he

put the toothpaste, razors and shaving cream in the refrigerator and left

the milk and juice on the counter.

, also 34, woke up one night hyperventilating. The doctor said she

had asthma and asked if she had any pets. When she said no, the doctor asked

if she was allergic to mold.

That started the Clintons thinking. Were their illnesses connected to their

environment? It wasn't long before they found a physical link.

After a June storm, noticed a leak in the basement and another in the

family room. He tore into the walls and ripped out the carpet. What he found

put a knot in his stomach.

" Disgusting black mold, " he said, " and lots of it. "

Experts later told the family that the mold that had been growing quietly

behind their walls for months was a toxic variety. In July, they told the

Clintons to move out of the house immediately.

Time to talk insurance

Then, the Clintons discovered what is behind many toxic mold lawsuits: the

involvement of the home insurance industry.

Insurance companies are vulnerable to toxic mold fallout in three ways.

Some homeowners have sued the builders of their homes, and the builders have

then turned to their insurers to cover the payments. Other homeowners have

filed claims against their insurance companies, trying to get money to clean

up the mold. Still more suits are filed to replace furniture and other

possessions that must be thrown away once they are covered by mold spores.

Clinton filed a claim with his insurer, Nationwide Mutual Fire

Insurance Company. He believed the mold growth was due to water damage,

which he said his home insurance policy covers.

Nationwide did not return several messages requesting comment.

According to Nationwide first told him mold damage was not covered.

Eventually, the company sent about $6,000 for the water damage and cosmetic

repairs. That is a fraction of the more than $100,000 - most of it borrowed

from family - the Clintons say they have spent trying to fix the house.

Nationwide also sent microbiology experts to evaluate the Clintons' house.

Their report identified " massive " amounts of toxic mold. Yet, Nationwide has

not paid for any of the mold cleanup, for which says the company is

responsible.

In a search for relief, the family hired Philadelphia attorney

Wheeler and sued Nationwide to cover the damage and repairs. They are still

fighting.

" I feel if the insurance company had done its due diligence back in June

when we filed the claim, me and my family wouldn't have had to live through

this nightmare, " Clinton said. " I'm turned off against these big huge

insurance companies that have turned against the homeowners they are

supposed to be protecting. "

Most insurance companies maintain that mold damage is covered if it is the

result of a covered event, such as water from a busted pipe. Mold caused by

excessive humidity, leaks or condensation is a maintenance issue for the

property owner, like termite or mildew prevention, and typically isn't

covered.

" It's all preventable kinds of losses, " Allstate spokesman Mike Trevino

said.

The increasing number of claims may force insurance companies to rethink

their positions on mold, according to Hartwig, chief economist with

the Insurance Information Institute, a New York trade group,

Some might decide to cover mold claims and increase policy prices

accordingly. Others might offer coverage only as an attachment to the

policy. Still others, he said, may exclude mold coverage altogether.

State Farm claims specialist Dennis Owens said State Farm recognizes the

potential claims that could emerge as a result of toxic mold but isn't

considering changing its policies to specifically include or exclude mold

coverage. The company will continue to handle each claim independently, he

said.

Other insurance companies maintain that the health implications of mold are

largely unknown. Trevino, for example, said most mold is not harmful and no

one has proven conclusively that so-called " toxic " mold is bad for human

health; therefore, he says the hype is unjustified.

Just where the responsibility for mold liability lies is at the heart of

most lawsuits against insurance companies, which are increasing across the

country.

Sunday, December 23, 2001