Expert Witness Blog
In the case of Zahid Hotel Group, LLC v. AmGUARD Insurance Company, the testimony of an Industrial Hygiene & Mold Expert Witness played a critical role in evaluating the origin and scope of mold damage following Hurricane Ida. The case highlighted the importance of expert analysis in complex property damage disputes involving environmental and health concerns.
Background of the Case
Zahid Hotel Group, LLC, which owns and operates a LaQuinta Inn in Louisiana, filed a lawsuit against its insurer, AmGUARD Insurance Company, claiming that the insurer failed to fully compensate the business for damage sustained during Hurricane Ida in August 2021. While AmGUARD made an initial payment of approximately $1 million for building repairs and mitigation, Zahid claimed the actual damage—including structural repairs, personal property losses, and business interruption—was significantly higher.
The hotel alleged breach of contract and bad faith conduct, asserting that AmGUARD failed to meet deadlines under Louisiana’s statutory prompt payment laws. In response, AmGUARD filed counterclaims accusing Zahid of misrepresentation and failure to mitigate damages, particularly in relation to mold growth throughout the hotel.
Role of the Industrial Hygiene & Mold Expert Witness
AmGUARD retained Dr. Coreen Robbins, a Certified Industrial Hygienist with extensive experience in mold contamination and environmental health, as their Industrial Hygiene & Mold Expert Witness. Her role was to inspect the property, determine the sources and causes of mold development, and assess whether the mold was directly related to Hurricane Ida or to other factors such as deferred maintenance or pre-existing conditions.
Her responsibilities included:
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Site Inspection: Conducting a comprehensive assessment of the hotel’s affected areas to evaluate the presence, type, and distribution of mold growth.
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Source Differentiation: Determining whether the mold was caused by bulk water intrusion from Hurricane Ida or from condensation, plumbing leaks, or other long-term issues.
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Analysis of Environmental Conditions: Reviewing building materials, moisture levels, and HVAC system performance to understand how environmental factors may have contributed to microbial growth.
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Expert Testimony: Providing written reports and courtroom testimony on her findings and the scientific basis for attributing certain damages to hurricane-related events versus pre-existing conditions.
Court Proceedings and Findings
Zahid filed a motion to exclude Dr. Robbins’ expert testimony under the Daubert standard, arguing that her conclusions were speculative and lacked sufficient factual support. Zahid’s legal team claimed that Dr. Robbins did not consider the hotel’s full repair history or conduct an adequate investigation into prior maintenance practices, which they argued were necessary to differentiate hurricane-related damage from other causes.
The U.S. District Court, however, denied the motion to exclude. The court found that Dr. Robbins’ methodology, which included site inspection, industry-accepted testing protocols, and review of contemporaneous documentation, was sufficiently reliable. The judge emphasized that disagreements over her conclusions went to the weight of her testimony, not its admissibility.
As a result, Dr. Robbins’ opinions on the origin and extent of mold damage were admitted as part of the evidentiary record, allowing the jury to weigh her findings alongside other expert and factual testimony.
Legal Significance
This case reinforces the essential role of expert witnesses in complex insurance and property disputes involving mold, environmental hazards, and indoor air quality. The court’s decision illustrates that courts are willing to accept expert analysis that is scientifically grounded and methodically conducted, even if based on a partial or evolving record. It also affirms that challenges to expert testimony should focus on methodological rigor rather than simply contesting the expert’s conclusions.
Conclusion
Zahid Hotel Group, LLC v. AmGUARD Insurance Company demonstrates the vital function that an Industrial Hygiene & Mold Expert Witness can serve in determining causation and liability in mold-related property claims. Dr. Robbins’ analysis helped the court and jury navigate the technical complexities of indoor environmental health and provided clarity on the distinction between hurricane-induced damage and long-term environmental factors. The case sets a meaningful precedent for the use of expert testimony in similar mold and industrial hygiene disputes.