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$32 million mold award slashed

Texas appeals court eliminates punitive damages in Ballard v. Farmers

Inman News Features
December 20, 2002

The 3rd Court of Appeals in Texas yesterday reduced a $32 million jury verdict that was awarded last year to Melinda Ballard in a case that has grown to be the most widely recognized toxic mold insurance claim dispute.

Under the appellate court's ruling, Ballard's award was reduced to $4 million in damages, $2.5 million in interest and approximately $2 million in attorney's fees, according to news reports.

Thursday's ruling "found sufficient evidence to uphold the jury's findings that the insurance company breached its duty of good faith and fair dealing toward Ballard. But the court found no evidence that the company did so 'knowingly,' prompting it to throw out the ($17 million) award for punitive damages and mental anguish damages," reported a MySanAntonio.com news story.

Consumer advocates expressed concern that the ruling, by eliminating punitive damages, removes incentives for insurance companies to respond appropriately to the claims process.

Insurance industry analysts hope the reduced verdict will help put to an end the landslide of mold litigation that over the past few years has contributed to rising homeowners' insurance premiums nationwide.

"Was justice served? No. This was a decision that hurt every Texas homeowner. It was bad behavior before and now it’s bad behavior without penalties," said Ballard in the MySanAntonio.com report.

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