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LANDLORD/TENANT—MOLD CONDITION WITH RENTER’S POLICY BAD FAITH CLAIM (October 2010) |
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# 1341119, Franco Rizzo et al. v. Barbara Hagen et al. filed 12/21/09
Plaintiff’s Attorney: T. Todd Thompson
Settlement: $70,000.00 Dept. 6
Plaintiffs husband, wife and 3 daughters leased a Goleta residence with a renter’s policy of insurance. Numerous items of repair were performed over the course of the first year by Defendants including plumbing, fixtures, doors, heaters and sprinklers. Plaintiffs complained of mold presence and made claims of medical injuries and complications associated with mold conditions and tendered claims to the renter’s policy insurer. Defendant landlords alleged Plaintiffs moved out without giving opportunity to remedy and eventually rented the home to new tenants. Landlords claimed mold was caused by Plaintiff’s use of the premises and the altering of conditions of the bathroom shower head. Renter’s policy insurer denied claim saying no coverage. Landlord’s insurers paid $45,000.00 and renter’s policy insurer paid $25,000.00.
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