?Incredible Hulk' Gets Insurance Mold Suit Green

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By Michael Ha

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NU Online News Service, April 2, 3:44 p.m. EST?

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The provisions of the settlement, reached just before the startof a jury trial, were not disclosed.

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Mr. Ferrigno had filed his suit in January 2003, alleging thatan inspector from Mercury failed to locate and repair a water leakin his house that led to the growth of toxic mold. Mr. Ferrigno wasseeking more than $250,000 in the lawsuit.

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But John Hager, attorney from Santa Barbara, Calif.-based lawfirm Hager & Dowling that represented Mercury, said Mr.Ferrigno didn't repair or report his home's water damage problem toMercury for two weeks.

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"Mr. Ferrigno had some kind of water problem in his home'supstairs toilet," Mr. Hager told National Underwriter.When Mr. Ferrigno did finally report it, he explained, Mercuryquickly came out, but by that time, mold had already developed.

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"So insurance coverage investigation was conducted to determinewhat damages were covered by his policy and what was not," Mr.Hager recounted. "That coverage investigation led Mercury toconclude that some damages were covered and Mercury paid for that,but some damages weren't covered. Mr. Ferrigno then sued Mercuryseveral months later."

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Commenting on the settlement, Mr. Hager said it was aconfidential agreement and that both sides were satisfied with it."Everybody wanted to settle the case," he said.

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Mr. Ferrigno is one of several celebrity figures to bring a moldclaim against home insurers and other companies. A couple of yearsago, Ed McMahon, the onetime sidekick of "Tonight Show" host JohnnyCarson, filed a $20 million suit against his insurer and moldremediator.

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Mr. McMahon claimed the mold sickened him, his wife and staffand killed his dog, Muffin. Last year, model Bianca Jagger, who wasmarried to rocker Mick Jagger from 1971 to 1979, filed a $20million suit against the owner of her New York apartment over moldgrowth.

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Former basketball superstar Michael Jordan last month filed alawsuit against several home-improvement companies, allegingsynthetic stucco they used for his mansion caused some $2.6 millionin mold damage.

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