February 2022

Wayne Taylor and Elizabeth Salinas obtained an order granting a motion for summary judgment from an Orange County, Florida court on behalf of Federal Insurance Company. This matter involved a claim for the cost of mold testing and an assessment report brought by a third-party vendor under an assignment of benefits by the insured. The court held that mold testing and assessment reports did not qualify as “direct physical loss of or damage to” the insured property, which is required for coverage under the policy. This ruling now is being utilized as a precedent for the large number of claims demanding payment for diagnostic testing.