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Insurers may exclude mold claims
New Md. commissioner reverses Larsen's ruling; 'I just have a different
opinion'; Industry blames coverage for cost increases.
By Trif Alatzas
Sun Staff,
Sunspot Business,
www.sunspot.net
July 3, 2003
Insurance companies may exclude mold damage claims from their Maryland
policies, Alfred W. Redmer Jr., the state's new insurance commissioner,
has ruled.
The decision reversed a March ruling by then-Commissioner Steven B.
Larsen, who decided that insurers could not deny mold coverage. Larson
did say payouts could be limited to $15,000 for removal and $50,000 for
liability.
"I just have a different opinion," Redmer said yesterday.
The question of what to do about rapidly mounting numbers of insurance
claims for mold cleanup has been an issue across the nation in recent
years. Maryland joins at least 38 other states that have recently
allowed the exclusion of mold coverage. Insurance industry experts say
mold claims have sharply increased their costs of operations at a time
when their income from stock market investments has been in decline.
The industry has responded by increasing premiums generally and limiting
mold coverage, where possible. Consumers are expected to pay 9 percent
more for homeowners' insurance this year, or an average of $603 a year,
nationally.
Some experts said that homeowners' lack of awareness about the need to
rid their homes of moisture has allowed toxic mold to grow unchecked in
some homes, and that it poses dangers to individuals with allergies or
other conditions.
Insurance companies complain that the mold cleanup industry is charging
too much to remove mold that poses no health threat.
The mold claims and other rising costs - including court-mandated
payments to policyholders who said their mold claims were not handled
properly - have prompted some insurance companies to stop issuing new
policies in some areas.
The Maryland Insurance Administration held a hearing on the mold issue
in November after receiving more than 300 requests from insurance
companies to limit or exclude mold coverage in this state.
Industry critics have said that allowing companies to deny the coverage
will hurt consumers by eliminating protection for a wide variety of
water-related damage claims. They also argue that it will raise costs
for homeowners who want insurance protection from mold troubles.
But Redmer said requests from the industry and concerns from consumers
who could not secure coverage because their homes face high water-damage
risks prompted him to make the decision. He said Maryland law does not
allow his office to force insurers to cover mold.
Insurers must petition the insurance administration for formal
authorization if they decide to issue new policies excluding mold
coverage. Homeowners who are now covered must be notified of the policy
change when their policies are renewed, Redmer said.
"It was my opinion that I don't have the authority to mandate what is
covered," he said. "That authority rests only with the Maryland General
Assembly."
Those who argued against the right to exclude mold said they were
disappointed with the ruling. "I'm worried that my members are not going
to be able to find mold liability coverage for a good price," said Jim
Caffey, executive vice president for the Maryland Multi-Housing
Association Inc., which represents rental residential properties in the
state. "And when they do find it, it's going to be more expensive."
Redmer said mold has not been a major problem for insurers in Maryland.
"Most of the concern over mold in Maryland - this is my personal opinion
- has more to do with fear than it does with the actual claims that have
been generated," he said.
The commissioner predicted that the marketplace will provide safeguards
for consumers.
"Because Maryland is a competitive market, some insurers will decide to
offer this coverage and some insurers will decide to exclude this
coverage," Redmer wrote in his order Friday. "Based upon those
decisions, insurers will price their products accordingly. Policyholders
are then free to decide which insurer's product best meets the
policyholder's needs."
The decision marks the first major move by Redmer, a former state
delegate who took over last month after being appointed by Gov. Robert
L. Ehrlich Jr.
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