The Fifth Circuit issued an opinion yesterday in Fiess v. State Farm Lloyds in which the primary issue was whether mold damage was covered under a homeowner’s policy. In reversing a summary judgment in the insurer’s favor, the Fifth Circuit applied the doctrine of concurrent cause in concluding that the insureds might be able to segregate covered losses from uncovered losses. In so doing, the Fifth Circuit also certified the following question to the Texas Supreme Court:

Does the ensuing loss provision contained in Section IExclusions, part 1(f) of the Homeowners Form B (HO-B) insurance policy as prescribed by the Texas Department of Insurance effective July 8, 1992 (Revised January 1, 1996), when read in conjunction with the remainder of the policy, provide coverage for mold contamination caused by water damage that is otherwise covered under the policy?