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April 10 2002
- Entertainer Ed McMahon is suing his insurance company for
more than $20 million, alleging that he was sickened by toxic
mold that spread through his Beverly Hills house after contractors
cleaning up water damage from a broken pipe botched the job.
McMahon and his wife, Pamela, became ill from the mold, as did
members of their household staff, according to the Los Angeles
County Superior Court suit. The McMahons also blame the mold
for the death of the family dog, Muffin.
Their suit, the latest of many in recent years over toxic mold,
was filed late Monday against American Equity Insurance Co.,
a pair of insurance adjusters and several environmental cleanup
contractors. It seeks monetary damages for alleged breach of
contract, negligence and intentional infliction of emotional
distress. A spokeswoman for the insurance company declined to
comment.
The trouble began in late July, when a pipe broke in the couple's
six-bedroom Mediterranean-style house, which was filled with
memorabilia from Ed McMahon's long television career. The den
was flooded. A month later, mold was discovered in the den.
The McMahons charge in court papers that they were assured they
were safe and could remain in the house during the cleanup,
even as the mold spread through the heating and air conditioning
ducts to their bedroom. It invaded the closets, contaminating
their clothes. It also was found under the Jacuzzi in the master
bathroom. The McMahons questioned the contractors' cleanup methods,
including simply painting over the mold. As the job became more
expensive and complex, the insurance company and its contractors
abandoned it, the suit charges.
"They covered it until they realized how expensive it was, and
then they covered up," said McMahon lawyer Allan Browne. "What
they did was spread the mold by allowing it to go into the air
conditioning and heating ducts. When they screwed up, they started
saying, 'Maybe we're not responsible for this job.'"
"When your family loses its health and your home is a wasteland,
that's a colossal disaster," McMahon said Tuesday.
The McMahons' 8,000-square-foot house overlooking Coldwater
Canyon stands gutted as the entertainer, his insurance company
and the environmental cleanup contractors argue over who should
pay to finish the cleanup, according to court papers. The McMahons
are renting a $23,000-a-month house and, Browne said, have no
idea where their insurance company has stored their clothing,
furniture, artwork and memorabilia.
"Hopefully, it's safe, but we don't know where it is," Browne
said.
Awareness of toxic mold has increased in recent years because
of a spate of lawsuits. Among the most prominent litigants is
Erin Brockovich, who discovered mold in the house she bought
when the story of her legal crusade on behalf of pollution victims
was turned into a movie starring Julia Roberts.
In response to the increased litigation, insurance rates have
spiked in some states. Insurers in some areas have stopped writing
policies or offer only bare-bones ones that don't cover mold
problems.
In June, for example, Farmers Insurance Group lost a $32-million
lawsuit filed by a Texas family that claimed toxic mold in their
home caused severe health problems. The jury found that the
insurer failed to pay for needed repairs for a water leak, which
allowed mold to grow rampant in the house, making it uninhabitable.
In California, Gov. Gray Davis signed the 2001 Toxic Mold Disclosure
Act, which went into effect in January. The law requires anyone
selling, leasing or transferring property to disclose any potentially
dangerous mold problem.
"The mold that grew in this case was the poisonous variety,
stachybotrys chartarum," Browne said. "This is the most dangerous
mold of all. It can cause death in people who are susceptible
to respiratory ailments."
The McMahons' dog, a mutt who resembled a sheep dog, was in
perfect health until she suddenly became sick at about the same
time the mold was discovered, Browne said. "She was a sweetheart
of a dog, incredibly smart, as frisky as you can imagine," the
lawyer said. "All of a sudden she got this terrible respiratory
ailment, and they had to put her down," Browne said.
And then, McMahon's and his wife's health began to suffer.
McMahon, best known as the affable sidekick to talk show host
Johnny Carson, spent most of the fall coughing, sneezing and
congested. "Nobody could figure out why he was unable to breathe,"
Browne said. He spent four months on antibiotics and had to
cancel several speaking engagements. Finally, his doctor ordered
him out of the house and his health improved.
© Copyright 2009 The Miller Law Firm. All rights Reserved.
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