Despite 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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