ACHRNEWS

Dec. 20, 2002: Ballard Mold Decision Affirmed In Part, Reversed In Part By Court

December 20, 2002
According to HarrisMartin Columns Online (www.harrismartin.com), a Texas appeals court has affirmed in part and reversed in part a district court decision to award $32 million to a Texas homeowner as a result of her insurance company's alleged refusal to cover her mold claim (Ballard v. Fire Insurance Exchange, et al., No. 03-01-00717, Texas Ct. App., Third District).

The Third District Court of Appeals issued its ruling Dec. 19, upholding the trial court’s finding that Melinda Ballard and Ronald Allison’s insurer violated insurer statutes in its handling of their claim, but that there was no evidence of a knowing violation. As a result, the punitive damages awarded by the jury were found to be excessive.

Publication date: 12/16/2002