Pride Clean Restoration Inc., a/a/o Luz Alonso v. Certain Underwriters at Lloyd's of London
An AOB mold-remediation contractor sued Lloyd's after coverage was denied under a 'Total Mold, Mildew or Other Fungi Exclusion.' The Third DCA affirmed summary judgment for the insurer, holding that the second prong of the endorsement — excluding 'the cost or expense of monitoring, testing, removal, encapsulation, abatement, treatment or handling of mold' — is not contingent on causation and therefore bars mold remediation costs regardless of whether a covered storm peril set the mold in motion.
Key facts
- Pride Clean Restoration, an assignment-of-benefits mold-remediation contractor, sued Certain Underwriters at Lloyd's of London after the insurer denied coverage for mold-remediation work.
- The denial was based on a 'Total Mold, Mildew or Other Fungi Exclusion' in the policy that barred 'the cost or expense of monitoring, testing, removal, encapsulation, abatement, treatment or handling of mold.'
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Why it matters
The opinion draws a practical line around Sebo v. American Home Assurance: concurrent causation analysis is unavailable where the exclusion is drafted to bar categories of costs rather than losses attributable to a… — full analysis with a trial
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