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Chapter 1 Mold lawsuits in the news |
101 |
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1.1 Mold lawsuits up by 300% |
102 |
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1.2 Denver International Airport
faces mold lawsuits |
103 |
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1.3 Mold forces cuts in hours in
Tulare County Court |
104 |
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1.4 Mold-stricken Ed McMahon
files lawsuit |
105 |
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1.5 Tennessee jail mold makes
staffers ill; kills inmate |
106 |
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1.6 Mold claims spread to cars |
107 |
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1.7 Beware of illegal and
unregistered fungicide |
109 |
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1.8 The reasons behind the rise
in mold lawsuits |
109 |
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1.8.1 Population shifts |
110 |
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1.8.2 The rise of new buildings |
110 |
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1.8.3 Rising property values |
110 |
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1.8.4 More plumbing |
110 |
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1.8.5 Advances in medical
science |
110 |
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1.8.6 Increased public awareness |
111 |
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1.8.7 Government action |
111 |
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1.8.8 Mold industry |
111 |
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1.8.9 Numerous successful mold
litigations |
111 |
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Chapter 2 Filing class action lawsuits |
201 |
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2.1 What is a class action? |
201 |
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2.2 Class action prerequisites
and legal procedure |
201 |
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2.2.1 Prerequisites to a class
action |
201 |
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2.2.2 Class actions maintainable |
201 |
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2.2.3 Determination by order
whether class action to be maintained; |
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notice; judgment;
actions conducted partially as class actions |
202 |
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2.2.4 Orders in conduct of
actions |
203 |
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2.2.5 Dismissal or compromise of
class action |
203 |
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Chapter 3 Legal implications of mold contamination of HVAC systems |
301 |
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3.1 Sick building syndrome and
IAQ lawsuits |
301 |
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3.2 HVAC manufacturing and
design defects |
302 |
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3.3 Legal liability of HVAC
manufacturers for mold-related injuries |
303 |
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3.4 Proposed HVAC design
solutions |
303 |
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Chapter 4 Possible causes of action and potential damage awards for
mold contamination |
401 |
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4.1 Common causes of action |
401 |
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4.2 What is a tort? |
402 |
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4.3 Four elements of tort |
402 |
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4.4 Duties of a landlord |
403 |
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4.5 Legal grounds to file
lawsuit against defendants |
403 |
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4.5.1 Negligence |
404 |
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4.5.2 Strict Liability |
404 |
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4.5.3 Breach of Warranties |
405 |
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4.5.4 Constructive Eviction |
405 |
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4.5.5 Workers Compensation |
405 |
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4.5.6 Failure to Disclose |
406 |
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4.6 How to claim workers
compensation |
407 |
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4.7 California mold disclosure
law |
408 |
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Chapter 5 Damages recoverable in mold Cases |
501 |
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5.1 Diminution of value and cost
to repair |
501 |
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5.2 Cost of remedying the
defects |
501 |
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5.3 Personal exception rule |
501 |
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5.4 Personal injury |
502 |
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5.5 Prejudgment interest |
502 |
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5.6 Attorney’s fees |
502 |
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5.7 Punitive damages |
503 |
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5.8 Emotional distress damages |
503 |
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Chapter 6 Statute of Limitations for mold cases |
601 |
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6.1 Purpose of statute of
limitations |
601 |
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6.2 Delayed discovery rule |
601 |
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6.3 Interruption of one-year
statute of limitations |
602 |
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Chapter 7 Verdicts and settlements of mold cases |
701 |
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7.1 Recent published verdicts
and settlements of mold cases in California |
701 |
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7.2 Recent publicized old cases
in other states |
702 |
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7.3 Legal liability of insurance
companies |
703 |
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Chapter 8 The mold-illness relationship |
801 |
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8.1 Hysteria or reality? |
801 |
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8.2 Scientific proof and the
implications of legal liability |
802 |
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8.3 Other reports linking mold
to serious health and property damage |
803 |
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Chapter 9 Mold insurance primer |
901 |
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9.1 Types of insurance |
901 |
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9.2 Traditional mold insurance |
902 |
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9.3 Mold insurance? or
incidental mold coverage? |
903 |
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9.4 Review your policy carefully
& understand your coverages |
903 |
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9.5 The basics of mold
contamination insurance coverage |
904 |
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9.6 Property damage coverage |
905 |
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9.7 Third-party liability
coverage |
906 |
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9.8 Call your insurance agent &
report a suspected claim immediately |
906 |
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9.9 Protect all property from
any further damage |
907 |
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9.10 Photograph, videotape and
inventory all damaged property |
907 |
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9.11 Handling insurance claims:
where to get the information |
908 |
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9.12 Your obligation to
cooperate with insurance company investigation |
908 |
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9.13 Never sign anything without
proper legal advice |
910 |
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9.14 Get a second or even third
opinion regarding estimates |
910 |
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9.15 You don’t have to use
insurer’s “approved contractors” |
911 |
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9.16 Get professional help if
you need it |
911 |
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9.17 Statute of limitations |
911 |
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9.18 Report all unfair claim
handling to your department |
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of insurance or
insurance regulator |
912 |
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Chapter 10 Toxic mold legislation |
1001 |
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10.1 2003 toxic mold legislation |
1001 |
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10.1.1 Illinois |
1001 |
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10.1.2 Louisiana |
1001 |
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10.1.3 Massachusetts |
1001 |
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10.1.4 Montana |
1001 |
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10.1.5 Oklahoma |
1002 |
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10.1.6 Oregon |
1002 |
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10.1.7 Pennsylvania |
1002 |
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10.1.8 Rhode Island |
1002 |
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10.1.9 Texas |
1002 |
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10.2 Toxic mold insurance
legislation |
1003 |
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10.3 The Comprehensive Loss
Underwriting Exchange (CLUE) |
1008 |
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10.4 Reporting mold damage to
your insurer |
1008 |
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10.5 Things to consider when
reporting mold problem to your insurer |
1009 |
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10.6 Additional Living Expense (A.L.E.)
Coverage |
1009 |
