Douros v. State Farm Fire & Casualty Co.

ORDER AND OPINION

JEROME B. FRIEDMAN, District Judge.

This matter comes before the court on the defendant’s Motion to Dismiss. After considering the arguments made by the parties at a hearing on this matter held on May 21, 2007, and in consideration of the briefs and the record, the court, for the reasons set forth fully herein, GRANTS IN PART and DENIES IN PART the defendant’s Motion to Dismiss.

I. Factual Background

This dispute centers on a water leak in the plaintiffs’ house that resulted in the growth of mold throughout their house and ultimately forced them to move out after exposure to the…