Learn how to investigate and try a mold damage case.
Mold is everywhere, in nearly every environment. Mold also tends to develop sight unseen for some time before discovery. As such, investigating and proving mold claims can be challenging, and mold cases are unique in that they involve specific causation and investigation issues and defenses. This topic will provide insight to the two major areas of legal dispute for toxigenic mold cases, causation, and the standard of care for mold investigation.
Learning Objectives
- You will be able to understand the fundamentals of mold, including its nature, characteristics, and prevalence in various environments.
- You will be able to identify indoor air quality issues associated with mold contamination and its potential impacts on health and property.
- You will be able to recognize different types of claims related to mold damage, including property damage, insurance, worker injury, and personal injury.
- You will be able to apply legal principles and standards to effectively address and resolve mold-related disputes and claims.
Agenda
What Is Mold?
What Are Indoor Air Quality Issues?
Types of Claims
- Property Damage
- Insurance
- Worker Injury
- Personal Injury
Causation Issues
- When Does a Mold Claim Start?
- Inception Theory
- Manifestation Theory
- Continuous Trigger Theory
Standards of Care
- EPA Standards
- New York Standards
- Metaphase
- ASTM Standards
Speakers
Scott R. Halloin,
Halloin Law Group- Shareholder with Halloin Law Group
- For 28 years his practice has focused on complex commercial and residential construction disputes, including contract disputes, code compliance, delay claims and design disputes
- Regular speaker on the Actual and Discrete Cost Method, Total Cost Method, Modified Total Cost Method, and modifications to the Total Cost Method
- Wrote a Wisconsin Construction Design Law, which was included in the American Bar Association’s State-by-State Guide to Construction and Design Law
- Regular speaker at continuing legal education seminars on construction issues, including “Guaranteed Maximum Price Contracts,” “Managing Construction Projects,” “AIA Construction Contracts,” and “Managing Construction Claims”
- Licensed to practice in Wisconsin and Illinois
- J.D. degree, Northwestern University School of Law; B.A. degree, magna cum laude, Lawrence University
- Can be contacted at 414-732-2424 or shalloin@halloinlawgroup.com
Who Should Attend
This live webinar is designed for Attorneys, claims managers, risk managers, accountants and other insurance professionals.