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Whether or not you are a mold victim, or a
present or future mold plaintiff or mold defendant, the
Mold Legal Guide will help you and
your lawyer to deal with and to survive financially the immense and
complicated legal problems arising from mold issues that are commonly
arising in today's lawsuit-crazy world in such business relationships as:
landlord and tenant, employer and employee, property seller and buyer,
realtor or real estate agent and seller or buyer, mortgage lender and
debtor, home builder and buyer, and contractor and customer. The
book's very detailed Table of Contents is included at the bottom of this
page. This very helpful book is co-written by mold expert Phillip Fry
[Certified Mold Inspector, Certified Mold Contractor, Certified
Environmental Inspector, Certified Home Inspector, and formerly with the
U.S. Public Health Services National Institutes of Health, and formerly a
hospital and medical center administrator], and by Edward Dy, L.L.B. and
webmaster of two legal information websites. Two other mold books
that may also be of interest to you are---Mold
Health Guide and
Do It BEST Yourself Mold Prevention, Inspection, Testing, & Remediation.
The price is $15.00 non-refundable. There is no shipping cost
because this in depth book is delivered to you
ONLY by email attachments. Please allow at least one or two business days [Monday
through Friday] to receive your book by email attachments. Your
different payment options are as follows:
MOLD LEGAL GUIDE
Table of Contents
Chapter 1 Mold Lawsuits in
the News
1.1
Mold lawsuits up by 300%
1.3
Mold forces cuts in hours in Tulare County Court
1.4
Mold-stricken Ed McMahon files lawsuit
1.5
Tennessee jail mold makes staffers ill; kills inmate.
1.6
Beware of illegal and unregistered fungicide.
Chapter 2 Legal implications
of mold contamination of HVAC systems
2.1
Sick building syndrome and IAQ lawsuits.
2.2
HVAC manufacturing and design defects.
2.3
Legal liability of HVAC manufacturers for
mold-related injuries.
2.4
Proposed HVAC design solutions.
Chapter 3 Possible legal
causes of action and potential damage awards for mold contamination
3.1
What is a Tort?.
3.2
Four elements of tort
3.3
Duties of a Landlord.
3.4
Legal grounds to file lawsuit against defendants.
3.4.1
Negligence.
3.4.2
Strict Liability.
3.4.3
Breach of Warranties.
3.4.4
Constructive Eviction.
3.4.5
Workers Compensation.
3.4.6
Failure to Disclose.
3.5
How to claim workers compensation.
3.6
California Mold Disclosure Law..
Chapter 4 Damages Recoverable
in Mold Cases
4.1
Diminution of value and cost to repair
4.2
Cost of remedying the defects.
4.3
Personal exception rule.
4.4
Personal injury.
4.5
Prejudgment interest
4.6
Attorney’s fees.
4.7
Punitive damages.
4.8
Emotional distress damages.
Chapter 5 Statute of
Limitations for Mold Cases
5.1
Purpose of statute of limitations.
5.2
Delayed discovery rule.
5.3
Interruption of one-year statute of limitations.
Chapter 6 Verdicts &
Settlements of Mold Cases
6.1
Recent Published Verdicts and
Settlements of Mold Cases in California
6.2
Recent publicized old Cases in Other States.
6.3
Legal Liability of Insurance Companies.
Chapter 7 The mold-illness
relationship
7.1 Hysteria or reality?.
7.2
Scientific Proof and the implications of Legal
Liability.
7.3
Other reports linking mold to serious health and
property damage.
Chapter 8 Mold Insurance
Primer
8.1
Traditional mold insurance.
8.2
Mold insurance or incidental mold coverage?.
8.3
Types of Insurance.
Chapter 9 Toxic mold
insurance legislation
9.1
The Comprehensive Loss Underwriting Exchange (CLUE)
9.2
Reporting Mold Damage to Your Insurer
9.3
Things to Consider When Reporting Mold Problem to
Your Insurer
9.4
Additional Living Expense (A.L.E.) Coverage.
9.5
Coverage for Personal Items.
9.6
The Role of Your Mortgage Company.
8
9.7
Resolving Disputes with an Insurer or Claims
Adjuster
Chapter 10 Effectively
Handling Mold and Water Damage Claims
10.1
I Have Identified a Potential Water Damage Claim.
What Should I Do?
10.2
What Can I Expect from my Insurance Company when I
Report Water Damage?
10.3
What can my insurance company expect from me?
10.4
What can I do if I feel my insurance company is not
being responsive?
10.5
Should I test my home if I find mold growing?
10.6
Should I move out of my home if I discover a mold
problem?
10.7
I had to move out of my home. What can I expect from
my insurance company regarding Additional
Living Expense (ALE) coverage?
10.8
How can I control my ALE expenses?
10.9
How can I select a qualified remediator?
How can I ensure the mold remediation and repair
process is handled correctly and efficiently?
10.10
Should my belongings be cleaned or replaced?
10.11
What other information do I need?
Chapter 11 Texas Dept. of
Insurance Suggested Practices for Insurers
11.1
What should the claimant expect when reporting water
damage claims?
11.2
How can the overall water damage claims handling
process be improved?
11.3 Should the home be
tested?
11.4
What factors should be considered when determining
whether a dwelling is wholly or partially untenantable
and Additional Living Expense (ALE) is necessary?
11.5
What additional information, assistance and
education can the insurer provide the insured?
Chapter 12 Mold in
construction defect cases
12.1
Is mold a construction defect?
12.2
Statute of limitations in construction defect cases.
12.3
Mold-related construction defect cases.
Chapter 13 Real estate
brokers’ rights and responsibilities
13.1
What real estate professionals must do.
13.2
Conduct a reasonably diligent visual inspection.
13.3
Watch for moldy conditions.
13.4
Disclose any known mold problems.
13.5
Incorporate mold considerations into sale and lease
agreements.
Chapter 14 Tenant rights and
responsibilities
14.1
Checking into your apartment or house.
14.2
Renter’s insurance.
14.3
Lawn upkeep.
14.4
Quiet enjoyment
14.5
Repairs and mold remediation to your rental
Chapter 15 Insuring projects
with mold coverage
15.1
Mold and pollution exclusion.
15.2
Subcontractor exclusion endorsements.
15.3
“Discharged”, “dispersed,” and other terminologies
used by courts.
15.4
Is mold a “pollutant”?.
15.5
New insurance language that excludes coverage for
mold.
15.6
New insurance products to deal with mold.
15.7
Contractors beware!
Chapter 16 Litigate or
mediate? The Mediation alternative to lawsuits
16.1
Who can mediate a case?
16.2
Mediate or Litigate?
16.3
Will the court make me mediate?
16.4
How do I start the mediation process?
16.5
What if mediation does not settle my case?
16.6
What is the secret to a successful mediation?
Appendix A: Legal form –
Tenant legal notice to landlord of mold infestation
Appendix B: Legal Form –
Tenant legal notice to landlord that tenant is withholding rent
Appendix C: Legal Form -Tenant legal notice to landlord to vacate premises
Index
Two
other mold books that may also be of interest and great help to you
are---
-
Do It BEST Yourself Mold Prevention, Inspection, Testing & Remediation.
The Do It BEST Yourself Mold Prevention, Inspection, Testing &
Remediation book by mold expert Phillip Fry
[Certified Mold Inspector, Certified Mold Contractor, Certified
Environmental Inspector, and Certified Home Inspector, and formerly
with the U.S. Public Health Service National Institutes of Health,
and formerly a hospital and medical center administrator],
enables you [or others working under your directions] to do your own
mold repairs on your home or other real estate property so that: (1)
you can be assured that the mold-related work was done both safely
and effectively; (2) you protect your family's health and the value
of your home or other property; and (3) you get your property mold
work done at a small fraction of the cost of hiring so-called "mold
professionals" to do the mold necessary mold prevention, inspection,
testing, and remediation.
-
Mold Health Guide.
The Mold Health Guide will help
you, your doctor, and your lawyer cope with the health problems and
illnesses caused by indoor exposure to mold infestation and
contamination in your home, school, or workplace. Discover the mold
medical studies that document the links between mold exposure and
mold illnesses. Learn the health problems caused by the most
dangerous mold species.
Do-It-Best-Yourself Mold Solutions
Phil can help you fix your own property’s mold problems at low-cost, more
safely, and better-in- results than what is done by many mold inspectors
and mold contractors. How can Phil help you?
1. Read Phil’s five plain-English,
mold advice books
to master mold inspection, testing, removal, remediation, and prevention
for your house, condo, apartment, office, or workplace.
2. Buy do-it-yourself, affordable
mold test kits,
mold lab analysis,
video inspection scope,
mold cleaner,
mold killer,
and a mold-killing
ozone generator
for the successful toxic and household
mold inspection,
mold testing,
mold species identification and quantification,
mold cleaning,
mold removal,
and
mold remediation
to
find mold,
kill mold,
clean mold,
and
remove mold
from your residence or commercial building.
3. Get FREE mold advice, mold help, and/or answers
to your mold questions, by emailing mold expert Phillip Fry at
envirodangers@yahoo.com.
You can also email pictures of your mold problems in jpeg file format as
email attachments.
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