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Q: Why are we seeing so many mold-related insurance claims?

A: First of all, mold damage is being claimed in what was typically a situation that insurance companies classified as "water damage," i.e., leaky shower pans and pinhole leaks in water lines that resulted in "structural damage" (minor or major). Today those claims have been translated into a healthy "mold damage" claim, often by contractors or experts who are in the mold abatement and remediation business. The number of water damage claims has not decreased; they are just being submitted under another name. If we analyze the number of claims being filed and isolate the ones that can be classified as the usual "water damage" claim, statisticians could then isolate the number of true mold-related cases and others could begin an analysis of the cause of the mold.

In our business, we typically find ourselves in the role of defending the water-damage-mold cases and working for the plaintiffs in true mold related claims. We seldom find large amounts of mold, if any, in what used to be called the water damage claims, and usually find that mold is an insignificant factor -- although there are exceptions to every situation -- in the repair of the structure. We also have found that the true mold claims are linked to the failure of the designers and builders to provide water-managed buildings. We seemed to be plagued with a lack of understanding of how to manage the water that comes into buildings.

When I was practicing architecture, I spent a great deal of time teaching the young architects how to handle the water that was going to enter the buildings they designed. It is not a condition of IF water enters a building; it is a condition of dealing with the water that WILL enter the building. There are few exterior materials that are truly impervious to water and both the designer and the builder must make provisions to "take out what comes in."

Unfortunately, energy conservation is playing a large role in the number of mold claims. Before our buildings became so packed with insulation and the doors and windows became resistant to air leakage, buildings used to dry out when the water damage was slight. What we build today does not dry and when mold begins to grow, the addition of more water (from a leak) only compounds the problem.


Jim. W. Sealy, FAIA, NCARB, is a licensed architect with 40 years of experience in the design and construction industries. His office is in Dallas, Texas, and he currently serves as a consultant to the design, codes, construction and legal professions. His expertise is the "built environment" and he frequently serves as a consulting expert in matters dealing with mold. He can be reached at jseabird@swbell.net.

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If you have a question for a mold expert, please send it to Brett Lyon, senior editor of construction.com at brett_lyon@mcgraw-hill.com.

 

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