Web Analytics Made Easy -

501 Carr Road, Suite 300
Wilmington, Delaware 19809
tel: 302-658-6901 | fax: 302-658-4018
Email Us

McKnight v. USAA, 871 A.2d 446 (Del.Super.Ct. 2005).

This case involved a claim for coverage under a homeowners' insurance policy issued by USAA. Plaintiffs experienced a water accumulation in the basement of their home resulting in the development of mold and fungi in the residence. Plaintiffs argued entitlement to damages to the full extent of the liability coverage under the policy. USAA relied on the mold and fungus coverage provision of the policy specifically limiting property damage to $2,500 and loss of use to $2,000, as well as a related policy exclusion, in denying Plaintiffs' claim in excess of those limits. The Superior Court held that the coverage policy unambiguously provided mold related coverage, with specific limits, while at the same time adding a clear exclusion for just the type of loss at issue. The Plaintiffs were therefore entitled to the limits in the policy related to coverage caused by or consisting of mold or fungus. Further, the policy excluded coverage for loss caused by microbial organisms, and the limits of the additional coverage were not in addition to the limits for dwelling and personal property coverage.

If you would like more information about our practice, please contact us at