April 17, 2002—BOMA International reports that toxic mold legislation has been surfacing in several states as a result of the increasing number of mold exposure lawsuits.
One lawsuit that has gained national attention is being filed by entertainer Ed McMahon, who is suing his insurance company for more than $20 million. He alleges that toxic mold spread throughout his Beverly Hills home after contractors botched a water damage repair job, causing him and his wife to become sick and his dog to die. In another lawsuit filed in June, a Texas family claimed toxic mold in their home caused severe health problems after their insurance company refused to pay to clean it up. They successfully sued the company for $32 million.
Some states, such as California and Maryland, have enacted legislation that establishes task forces to examine the issue and determine if standards need to be set. However, the US Environmental Protection Agency has indicated that there is not enough scientific data to support the development of health-based standards.
Arizona, Illinois, New York, Pennsylvania, and Washington have similar legislation pending. Indiana’s legislation died this session, and West Virginia’s legislation only focused on mold in schools.
BOMA International feels that until scientific data is available, this type of legislation is not good public policy. The group is working “to ensure that policymakers and public policy groups are educated with the facts on this issue and that any legislative or regulatory attempts to address mold issues are reasonable and based on sound science.”
Based on a report from BOMA International
