"Injury In Fact" Test Applied to Mold Exposure

In Downey v. 10 Realty Co., LLC, the plaintiff was exposed to mold during a period of time that defendant's, Greater New York Mutual's, policy was in effect. Plaintiff's injuries, however, did not manifest until after the policy had expired. In holding that GNYM had no duty to defend or indemnify its insured for plaintiff's injuries, the Court applied the "injury in fact" test and held that the insured was obligated to prove that "actual damage or injury" had occurred during the policy period.