Mold is Gold: But, Will it be the Next Asbestos?

Abstract

Are insurers overreacting to the increase in toxic mold litigation? How real is the threat? Commentators claim that toxic mold litigation will be as big as asbestos litigation. Some observers believe that if "gone unchecked, mold-related cases could rival those of tobacco litigation in the not-toodistant future." This comment explores the claim that toxic mold litigation will be as big as asbestos litigation. Part II describes what toxic mold is and how toxic mold commonly occurs. Part III outlines the breadth of toxic mold litigation by discussing the potential causes of action against landowners, insurers, real estate brokers, and contractors in toxic mold litigation. Part IV explores the exaggerated claim that toxic mold litigation will be as large as or bigger than asbestos litigation. Additionally, Part IV outlines eight key differences between toxic mold litigation and asbestos litigation. Finally, Part V concludes that these key differences between toxic mold litigation and asbestos litigation will most likely prevent toxic mold litigation from mimicking the scope and size of asbestos litigation.