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30 Pepp. L. Rev. 529 (2002-2003)
Mold Is Gold: But, Will It Be the Next Asbestos

handle is hein.journals/pepplr30 and id is 539 raw text is: Mold is Gold: But, Will it be the Next Asbestos? TABLE OF CONTENTS I. INTRODUCTION II. Toxic MOLD A. What is Toxic Mold? B. How Does Toxic Mold Occur? III. Toxic MOLD LITIGATION: THEORIES OF LIABILITY A. Negligence B. Construction Defect C. Bad Faith D. Failure to Disclose in Sale of Property IV. Toxic MOLD LITIGATION V. ASBESTOS LITIGATION A. The Lack of Scientific Research or Consensus in the Medical Community Linking Mold to Specific Medical Ailments B. No Signature Disease C. Asbestos Kills, Mold Does Not D. No Definitive Biological Markers for Mold E. Mold and Mold Related Illness are Frequently Immediately Apparent F. No Federal Guidelines for Permissible Mold Exposure Limits G. No Mold-Product Manufacturers Means No Deep Pockets for Plaintiffs H. Insurance Coverage Exclusions for Mold V. CONCLUSION I. INTRODUCTION It's greenish-black, slimy, and growing fast.' It is an emerging trend in litigation that has insurers, property owners, real estate brokers, and 1. This is a visual description of the species of toxic mold called Stachybotrys chartarum (also known by its synonym Stachybotrys atra). See Center for Disease Control, Questions andAnswers on Stachybotrys chartarum and Other Molds, available at http://www.cdc.gov/nceh/airpollution/ mold/stachy.htm (last visited Sept. 7, 2002).

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