Bob & His Wife, Judy – Mold Poisoning

Bob and his wife Judy owned a modest ranch home in Foster, Rhode Island, where they raised their family and built a life rooted in community. Foster is a rural part of the state, known for its winding country roads, historic stone walls, and long, harsh winters. Bob was a well-known local business owner who ran Countryside Pizza for many years, and the couple valued their home as a place of stability and comfort.

In 2009, after a severe wind and rainstorm, water entered their home through a partially open window, causing what initially appeared to be a minor flooding issue. Like most homeowners would, Bob and Judy contacted their homeowner’s insurance company, trusting that the damage would be properly addressed. The insurer and its remediation contractor assured them the problem would be handled.

It wasn’t.

The remediation work was incomplete and poorly performed. As a direct result, black mold began developing inside the home. What started in one room slowly spread throughout the house, colonizing the air and exposing Bob and Judy to toxic conditions. During this time, both became ill. Judy—already living with leukemia and a compromised immune system—was especially vulnerable. Their symptoms escalated from burning eyes to bronchitis and pneumonia, yet the insurance company continued to minimize the problem and perform inadequate follow-up work.

Eventually, independent mold experts determined the home was unsafe to occupy. Air sampling revealed widespread contamination, including Stachybotrys, one of the most dangerous forms of black mold. The house was condemned. With nowhere else to go, Bob and Judy were forced to live in a small camping trailer on their own land—through multiple winters in Foster—while Judy’s health continued to decline.

Even then, the insurance company attempted to resolve the matter by making an extremely low settlement offer, one that would not have allowed the home to be properly repaired or replaced. Bob, a deeply trusting and principled man, initially gave the insurer the benefit of the doubt. But as it became clear they were exploiting his vulnerability and his wife’s illness, he sought help from Daley Orton.

What followed was a long and hard-fought legal battle. Through litigation and discovery, Daley Orton uncovered that the insurer not only knew its offer was insufficient, but that this conduct reflected a broader pattern of bad-faith handling. During the deposition of the insurance adjuster, the firm obtained critical admissions that the company had failed to meet its obligation to treat its insured fairly and honestly.

That moment shifted the case.

With trial approaching and leverage finally established, the insurance company agreed to compensate Bob and Judy. While the case could have proceeded to trial, time and Judy’s declining health mattered more than prolonging the fight. The case ultimately resolved through settlement, providing Bob and Judy with the resources they needed to rebuild.

The recovery allowed them to construct a new home on their property—a safe, clean space where Judy could live her final years in peace. Bob carried his wife across the threshold of that home. She spent her remaining time there, watching birds through the windows, surrounded by dignity and care. She passed away just before Christmas.

For Bob, the case was never about material gain. It was about integrity, accountability, and protecting the person he loved most. Through compassion, persistence, and principled advocacy, Daley Orton helped bring calm in the middle of a storm and peace where it mattered most.

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  • Relentless Accountability: Holding an insurance company responsible for repeated failures and bad-faith conduct.
  • Strategic Litigation & Leverage: Using discovery, depositions, and expert analysis to force meaningful resolution.
  • Advocacy Rooted in Humanity: Balancing legal strength with compassion, prioritizing health, dignity, and peace.

Legal Strategy

This case required a long-term litigation strategy grounded in accountability and leverage. From the outset, Daley Orton focused on uncovering how and why the insurance company failed to properly remediate the home and continued to minimize the severity of the mold contamination.

The firm conducted extensive discovery, retained experts, reviewed remediation practices, and deposed the insurance adjuster responsible for handling the claim. That deposition became a turning point, revealing that the insurer knew its settlement offer was insufficient and had failed to act in good faith toward its insured.

Rather than rushing resolution, Daley Orton pursued the case methodically, building pressure through facts, documentation, and testimony. This approach created the leverage necessary to move the insurer from denial and delay toward meaningful resolution—while always keeping Bob and Judy’s health and circumstances at the center of every decision.

Legal Results

The case resolved through mediation after substantial litigation, providing Bob and Judy with a recovery that allowed them to leave unsafe living conditions and rebuild their lives. The settlement enabled the construction of a new home on their property—restoring safety, dignity, and stability during an incredibly difficult chapter.

Most importantly, the resolution allowed Judy to spend her final years in a clean, secure environment, surrounded by peace rather than ongoing conflict. For Bob, the outcome was not just legal success, but a meaningful conclusion that honored his wife’s life and upheld the values of integrity, faith, and family.

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