Contractual and extra-contractual claims resulting from mold growth at health spa
We successfully defended a $1.5 million property insurance claim for loss of tenant's improvements and betterments due to mold, as well as related claims for business interruption/extra expense policy benefits and extra-contractual "bad faith" damages. Judgment was entered in favor of our client before the jury was selected based on the court's rulings granting most of our motions in limine. The issues included causation as well as application of policy exclusions and the calculations of the amount potentially recoverable for the damage to the tenant's improvements and betterments. As the loss was in Hawaii, while the insured and the litigation were in California, there were also numerous evidentiary issues.