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A 1997
study of 8600 claims by DPIC, the second largest U.S. underwriter
of liability insurance programs for architects, engineers,
and environmental consultants, revealed the dominant role
of HVAC (heating, ventilation, air conditioning) claims.19
HVAC problems represented 61% of the total claims dollars
paid by DPIC and 47% of the total number of claims for mechanical
consulting engineers. For architects, DPIC claim dollars paid
out represented 6% of claims dollars paid and 7% of the number
of claims. During the study period DPIC paid out $18.4 million
in 44 claims in behalf of the insured mechanical consulting
engineer and architect policyholders. An additional $7 million
was paid by other parties such as contractors, vendors, other
design professionals not insured by DPIC. Many claims are
settled out of court since the cost of litigation is considerable.20
A number
of law suits have involved Multiple Chemical Sensitivity,
bioaerosols, toxic fungi and building pressurization issues.
Of those, we offer the following examples of the nature and
extent of the problem.
- 1996
West American Insurance Co. v. Band & Desenberg, District
U.S. Court, Florida Plaintiffs, three employees of building,
after a series of symptoms collectively referred to as sick
building syndrome claimed that a poorly designed HVAC system
allowed attic airborne contaminants to enter space [through
improper pressurization].
- 1997
Advanced Healthcare Resources Inc. v. Merchants Insurance
Co. of New Hampshire, Inc., New York Superior Court, Suffolk
County Claim for alleged injuries caused by exposure to
airborne "fungi, mycotoxins [and] bacteria".
- Currently
Pending
Class action v. New Museum of Contemporary Art of New York
Class action lawsuit filed for $400 million due to mold
growing on cardboard, paper, and building materials in subbasement
(Stachybotrys chartarum). Several workers were highly exposed
and claim exposure-dependent immune dysfunction.
In March
1999, a case was settled with a western Massachusetts hospital
and their insurance. The plaintiff was hospitalized for 115
days due to infection caused by an airborne fungus, which
contaminated the surgical suite of the hospital. The plaintiff
suffered with an infection for 6 months while the hospital
determined that from a fungal infection. After four years
of litigation, the General and Sheet Metal contractors settled
for $117,000; the environmental testing company who failed
to identify the cross-contamination paid $150,000 and the
medical defendant paid $450,000. 30
Furthermore,
insurance companies generally issue policies that deny liability
coverage for a building owner based on catchall "pollution
exclusion" clauses.18, 21, 22 Where held valid
in many states, this puts the financial burden of the legal
defense entirely out of the building owners' pockets -- regardless
if they prevail, settle or are defeated in court.
MOLD
GROWTH
The three moisture transfer mechanisms that catalyze mold
growth can be seen in Figure #1. Since mold cannot obtain
moisture directly from air, it uses an intermediate media,
a substrate. The substrate draws moisture through surface
contact with either air or water. Water contact comes from
condensation or through wicking, when water is stored interstitially.
Figure #1: Substrate Role in Mold Growth
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