https://www.law.com/texaslawyer/2023/04/20/baseballers-homeowner-lawsuit-over-mold-is-a-lesson-in-insurance-burden-shifting/
Clay Buchholz with the Boston Red Sox throwing to first base off the mound during a game against the Baltimore Orioles on May 21, 2012. Photo: Keith Allison via Wikimedia CommonsDespite all the errors in the lower court’s report and recommendation, rather than remand the case—which was a possibility raised during oral argument—the Fifth Circuit agreed with the trial court’s judgment.
April 20, 2023 at 03:17 PM
5 minute read
What You Need to Know
- Purchase of a mold rider to cover a generalized mold claim did not overcome the all-risks policy mold exclusion.
- The U.S. Fifth Circuit found numerous errors in the insurance company’s argument and in the magistrate report that favored the insurance company.
- The plaintiffs suffered catastrophic loss of a multi-million dollar mansion and serious illness befell their children.
Former Major League Baseball pitcher Clay Buchholz’s purchase of a rider to cover the all-risks policy’s mold exclusion doesn’t cover the infestation that destroyed his mansion.
A federal appeals court opinion found errors with how a federal magistrate reached a conclusion favoring the insurer.
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