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Mold
getting a costly hold on homes
By Rochelle
Sharpe, USA TODAY
When Beverly
Hammond discovered black and green
mold growing in her hall closet last
fall, she wanted her family to
evacuate the house immediately.
She suspected
the gooey fungus was causing her
husband's frequent nosebleeds and her
16-year-old daughter's sudden memory
loss. Toxic mold can cause such
symptoms, she knew, but she had no
idea where her family of four could
move.
So, Hammond set
up six tents in her backyard in
Seabrook, east of Houston. Her family
has been living in this encampment for
six months. And the first insurance
adjuster showed up only six weeks ago,
Hammond says. She fears it will take
months before her house problems are
resolved.
"The whole
game of insurance is not to pay,"
she says.
Like thousands
of other distraught homeowners, she
feels betrayed by the insurance
company she had paid to help in a
catastrophe.
All over the
nation, the American dream of
homeownership is being hampered as
insurance companies become inundated
with costly mold claims stemming from
water damage.
In Texas alone,
the top five insurance carriers saw
their mold claims quintuple in a year.
The carriers
paid more than $1 billion on mold
settlements the past two years,
according to the Texas Department of
Insurance.
Texas and
California have had the highest number
of claims for mold. As a result, many
people there are finding it nearly
impossible to get insurance when
trying to buy a house.
Toxic mold is
not the dark scum often found around
the bathtub. Instead, it can grow
unseen behind walls and on wood as a
result of a water leak. Some
scientists link respiratory problems,
rashes, infections and possibly even
brain damage to toxic mold.
"People
don't believe mold hurts you, but it
really is something that causes harm
to the body," says Diane Ashley,
an elementary school principal in
Katy, west of Houston, who spent
months figuring out why she was sick.
Her school was closed because of mold.
The
insurance bind
Insurance
companies say they have no choice but
to restrict coverage and raise rates
of homeowner policies.
In Texas, real
estate agents warn buyers to start
shopping for homowners insurance as
soon as they sign a contract to buy a
house because getting coverage could
be difficult.
Deb Bryan, who
sells real estate in Austin, says she
had to contact nearly 150 insurance
agents in Texas to find coverage for
one house. She says the sellers lost
eight offers because of insurance
problems. The house didn't have toxic
mold, but there had been recent leaks.
The insurers feared the house could
develop more water problems — and
mold.
In the end, the
homeowners replaced the air
conditioner and roof and upgraded the
wiring to get insurance. The house
sold for $75,000 less than the
$275,000 asking price.
In California,
consumer crusader Erin Brockovich —
the subject of a movie that starred
Julia Roberts — sued her
construction company for causing mold
to grow in her new Los Angeles-area
house. Many builders in the state are
finding it difficult to get insurance
to construct condominiums.
Homeowners
plagued with toxic mold are suffering
the most. Some people run out of
insurance benefits and are forced to
pay for their unsellable moldy house
and a new dwelling. Those who can't
afford two homes are sometimes forced
into bankruptcy.
"People
have a right to know that mold can
make you homeless," says Pam
Walker of Southfield, a suburb of
Detroit. Her family moved out of their
house because of health problems 24
days after buying it. Her insurance
company didn't cover the mold-related
water damage that environmental
scientists discovered.
Walker, an
office manager, is letting her house
go into foreclosure. She has also
worked with her boss, Rep. John
Conyers, D-Mich., to draft legislation
that would create a federal insurance
fund for families whose insurers won't
cover mold-related losses.
Old mold,
new problem
Mold has been
around forever, but only in the past
15 years has it emerged as a financial
and health problem for homeowners.
Many office buildings and schools with
mold have been forced to close because
workers and students got sick.
Entertainer Ed
McMahon sued his insurance company for
$20 million in April. He claims toxic
mold at his Los Angeles home killed
his dog.
The new
Residences at the Ritz-Carlton in
Washington, D.C., where basketball
star Michael Jordan has a condo, is
undergoing extensive renovations
because of mold.
There are
100,000 types of mold, but only a few
dozen are toxic and can cause health
problems. These molds produce
chemicals called mycotoxins that can
cause rashes, seizures, unusual
bleeding, respiratory problems and
severe fatigue in some people.
No one knows
for sure why mold problems are on the
rise. Scientists say it could be due
to modern construction methods. Newer
houses have walls that contain
cellulose, where mold can thrive.
Because houses today are more
airtight, indoor air quality is more
likely to affect people's health.
"We are
building houses that are going to be
deadly," says Kaye Kilburn, a
professor of medicine at the
University of Southern California who
has studied toxic mold.
Insurance
companies didn't worry about mold
until last year, when a homeowner won
$32 million in a lawsuit against
Farmers Insurance. A jury declared
that Farmers had acted fraudulently
and in bad faith when fixing water
damage in Melinda Ballard's 22-room
mansion in Dripping Springs, in
central Texas.
Ballard, who
founded Policyholders of America in
January to help homeowners with
similar mold claims, says the company
delayed fixing a relatively small
water leak, which turned into a giant
mold problem.
The case, under
appeal, spawned an insurance crisis in
Texas as mold-related water claims
began to proliferate. The state's top
insurance carriers saw their mold
claims skyrocket to more than 37,000
last year from 7,000 in 2000,
according to the latest figures from
the Texas insurance department.
Settlements paid on those claims
climbed to $854.3 million last year
from $152.7 million in 2000.
As a result,
State Farm Insurance stopped writing
new homeowner policies in Texas last
fall. Farmers and Allstate Insurance
restricted mold claims related to
water damage. Insurance rates started
going up, tripling in some cases.
"It
doesn't make any sense for us to bring
in new business until we get control
of this trend," says Keith
Androff, a State Farm spokesman in
Texas.
Today, Texas
homeowners who want coverage for mold
resulting from water damage need to
buy an add-on to their policies. State
Farm's add-on is so expensive that
only 16% of its clients have mold
coverage that was standard a year ago,
Androff says.
"I feel
incredibly lucky to get reduced
coverage at increased rates,"
quips MaryAnn Selva of Dickinson,
south of Houston. Her insurance
coverage with CNA Lloyds of Texas was
canceled in April because she filed
two claims for water damage totaling
$30,000 — neither involving mold.
Most insurance
companies wanted her to pay an annual
premium of $3,000, which is more than
double her previous payment of $1,400.
"The only thing it covered was if
an airplane hit the house," she
says. Eventually, she found coverage
at a relative bargain: $2,100 a year.
Limiting
settlements
Insurance
companies in every state are trying to
reduce mold coverage, which typically
pays for mold cleanup only if it
results from sudden water damage, such
as a burst pipe. Insurance companies
filed petitions in all 50 states last
year to limit settlements. So far, 28
states have approved coverage caps
ranging from $10,000 to $50,000.
The companies
say they had to make drastic policy
changes. "Unfortunately, if
you've had a water claim, it could
signal you'll have more water problems
down the road," says Candysse
Miller of the Insurance Information
Institute, a non-profit group in New
York.
Insurance
companies, meanwhile, are suspicious
about the proliferation of claims and
lawsuits. "This has become the
pot of gold at the end of the rainbow
for trial lawyers who think this is
the new asbestos of the world,"
says Jerry Davies, a spokesman for the
Personal Insurance Federation in
California, a lobbying group.
California
insurance companies, which have the
second highest number of mold claims
in the country, have watched
settlements jump in the past six
months. The average claim increased to
more than $36,000 from $3,000, Davies
says. The companies also are fearful
of proposed state legislation that
would mandate insurers to cover mold
claims.
Some consumer
advocates say this insurance crisis
has been largely manufactured by the
insurers to cover other financial
problems. All insurance companies
suffered economically because of Sept.
11 and the declining stock market.
In addition,
State Farm, which stopped writing new
policies in California and Louisiana
as well as Texas, lost $5 billion last
year, in part because it had been
selling policies below cost to keep
its market share, says Robert Hunter
of the Consumer Federation of America.
As for the mold
problems, consumer advocates say
insurers take so long to fix
homeowners' minor water problems that
they become costly mold disasters. But
the Texas insurance department says
some delays, which on occasion exceed
one year, are due to the huge increase
in the number of claims and the need
to wait for test results to confirm
whether toxic mold is in someone's
home.
The department
says consumer complaints about mold
claims jumped to 321 last year from
five in 2000.
"All the
industry wants to talk about is
Melinda Ballard's $32 million
verdict," says Dale Washington, a
California attorney who has handled
many mold cases. But, he says,
Ballard's case wasn't really a mold
claim. "It was a $32 million
fraud claim."
Washington says
he has seen insurance companies
repeatedly withhold information from
customers about the possible health
effects of toxic mold.
Nancy Gerding
of The Woodlands, near Houston, says
State Farm stopped paying for
alternative housing and insisted her
home was habitable though her
contractor kept finding mold.
She's borrowing
against her 401(k) to rent a
townhouse.
State Farm
declined to comment on the Gerding
case because she is suing the company.
"This is
not right. It's un-American,"
Gerding says. "It's taking away
the American dream."
Source www.usatoday.com
June 20, 2002
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