Mold problems result in lawsuit

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Mold problems result in lawsuit

8-6-02

By MIKE FUCHS, Staff Writer

News & Record

GREENSBORO -- A woman who says toxic mold forced her family to flee their

Greensboro home has filed a lawsuit alleging her insurer was slow to prevent

its spread and failed to reimburse her for damages.

Simone Sommer and her 14-year-old son Josh Sommer are seeking an unspecified

amount in punitive and compensatory damages, according to the suit, which

was filed in Guilford County Superior Court.

Named as defendants in the suit are USAA Casualty Insurance, based in San

, and T.M. Mayfield, a Charlotte-based insurance claims adjuster.

USAA spokesman Berry said Monday his company just received a copy of

the suit and is looking into her allegations.

" We investigated Dr. Sommer's claim for property damage in the home and we

paid her what we believe to be the appropriate amount for the damage and

additional living expenses under the terms of the insurance contract, " Berry

said.

Alan Mayfield, president of T.M. Mayfield, did not immediately return

messages left on his voice mail and cell phone Monday.

According to the suit, Sommer bought homeowners insurance from USAA after

purchasing her split-level home in Carriage Hills in 1993 for $152,000.

In February 2001, Sommer discovered thick mold growing on shoes in a

basement closet near a leaking hot water heater, according to the suit.

That hot water heater was replaced by another heater in March 2001 that also

leaked in areas, including the garage. The water damaged carpet, floors and

walls, according to the suit.

Sommer filed a claim with USAA to pay for repairs in March 2001.

" However, from March until late September 2001, Dr. Sommer's claim was

bounced among various USAA personnel with no decisions being made with

regard to payment of her claim, " the suit contends.

USAA sent her an unspecified amount of money in November and December for

the damage to her home, but it wasn't enough, the suit alleges.

In December, a certified industrial hygienist approved by USAA inspected her

home and concluded it was contaminated with toxic molds including

stachybotrys, penicillium and aspergillus, according to the suit.

Sommer and her son immediately abandoned their home and checked into a

hotel.

" Sommer and her son were forced to leave their home due to toxic mold

contamination caused by the failure of defendants to properly investigate

and remediate a claim made by Dr. Sommer in March 2001, " according to the

suit.

The Sommers also allege the defendants were negligent in failing to warn

them about the dangers of toxic mold.

Sommer continues to suffer from asthma, nose bleeds, vertigo, headaches,

fatigue and other problems caused from being exposed to toxic mold, the suit

contends.

Josh has suffered ailments including nose bleeds, memory loss and headaches,

according to the suit.

Contact Mike Fuchs at 373-7077 or mfuchs@...