Haney v. Fire Insurance Exchange

Plaintiffs sued Defendants Fire Insurance Exchange (FIE), Roybal, and Apex for mold exposure. After several years of legal maneuvering irrelevant to this appeal, the action was dismissed for failure to state a claim. Plaintiffs appeal.

General Allegations

On April 15, 2001, a tornado tore the roof from a home owned by Gay and Larry Taylor and insured by FIE. The Taylors hired Plaintiffs, d/b/a Haney Construction, to assess and fix the damage. Plaintiffs understood FIE would pay for the repairs.

Several weeks later, following rains on the damaged house, FIE hired Apex to do an environmental study…