It seems that the United States is experiencing a mould "epidemic" - an epidemic of mould related litigation. It seems that mould related claims have been filed in nearly every state in the United States. There is no doubt that, at least in the United States, there has been a surge of mould related litigation.

In a recent article published by The Defence Research Institute, Michael A. Hamilton, a lawyer with the law firm Cozen and O'Connor, in Philadelphia, Pennsylvania, discussing mould claims, commented that:

Any litigator with his or her hand on the pulse of litigation trends has noticed a surge in mold contamination claims over the past several years. Today, the frequency of complaints by building occupants has resulted in a rapid rise in mold litigation centering on indoor air quality. Various media reports have informed people on the issue and danger of toxic mold. Furthermore, the Internet is also a significant source of information regarding mold, mold contamination and mold claims and lawsuits.

Apparently, the number of mould claims in the United States has grown to about 10,000 over the last few years. One major insurer in the United States reported a dramatic increase in the frequency of mould claims, as follows:

1999 12 claims

2000 499 claims

2001 10,000 claims

It has been estimated that of the 10,000 claims, 5,000 are against insurance companies for acting in bad faith; 2,000 are against homeowner associations for improper maintenance; 1,000 are against former owners of sold homes; and, 2,000 are against builders for construction defects.

• fungi: legal, law, litigation, insurance issues