COURTROOM NEWS
 
NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals has asked the Texas Supreme Court to decide whether coverage for mold contamination is expressly excluded under the ensuing loss provision of an insured’s homeowners’ policy, HarrisMartin Publishing is reporting. Fiess v. State Farm Lloyds, No. 03-20778 (5th Cir.).

In an opinion issued Dec. 7, the federal appeals court stated that because relevant state authorities conflict regarding the application of the ensuing loss provision to the mold exclusion of Texas homeowner’s insurance policies, it would certify the question to that state’s highest court.

The appellate panel also reversed a finding by the lower court that the plaintiff-homeowners’ claim for coverage failed under the doctrine of concurrent causation. The 5th Circuit said that the insureds presented some evidence that would allow a fact finder to segregate losses potentially covered under the policy from those that may be excluded.