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To find a
Certified
Mould Inspector
or Remediator
in your area,
or to be trained & certified as a mould inspection, testing,
remediation, and prevention expert, please visit:
Mould
Professional.
Toxic Mould
Insurance, Black Mould Insurance, and Other Insurance Claims for Mould
Damage
For help
in collecting on a black mould insurance claim, toxic mould insurance claim,
or any other type of mould infestation insurance claim, get professional
mould testing and mould remediation assistance from a
Certified
Mould Inspector and
Certified Mould Contractor or Remediator.
Please
click:
Mould Contractor.
Read about the new Georgia
Insurance Mould Coverage
regulations by visiting:
Georgia Mould Insurance
Insurance
Companies and Insurance Adjusters
as Scam Perpetrators---
Here
are several mould frauds perpetrated by insurance companies and insurance
adjusters:
(1) Hiring
incompetent, low-paid, company-stooge testing personnel to do the least
possible mould testing in the least likely mould-locations in an
insured's property so that any actual mould is NOT likely to be discovered.
(2) Utilizing
ineffective Air-O-Cell mould testing media so that little or no mould will
be discovered. Air-O-Cell cassettes test too small of an air sample to
give a truly accurate insight into a property's real mould infestation
problems. Direct sampling of visible moulds and mould culture plates are
vastly superior to Air-O-Cell technology in determining the extent of mould
problems in a property and in identification of the moulds present.
{3) If the
testing stooges uncover any mould problems, the serious mould test results
are not to be shared with the insureds and are to be kept a complete
secret forever from the insureds [this common insurance company fraud
is one of the causes of actions in the $20 million Ed McMahon lawsuit
against his homeowner's insurance company and its two insurance stooge
testing and remediation companies. The McMahon defendants kept secret mould
test results showing a serious mould infestation in the McMahon residence
of the toxic mould Stachybotrys.
(4)
Telling
insureds that there is no mould insurance coverage even though there is
evidence that insurance-covered water damage is the direct cause of the
resulting mould infestation.
Q & A on Mould Insurance Claims
[June 30, 2003]
Q. I had a copper pipe leak in the slab of my home. The leak was
repaired on January 3, 2003. I am still not even close to remediation
as my insurance keeps sending out these so called experts, civil engineer,
leak detection companies forensic investigator etc. who incidentally are a
subsidiary of the insurance adjusters company.. The last person who came
to my home even took pictures under my kitchen and bathroom sinks. The mould
is in my hallway and two bedrooms and also the living room has Stachybotris
only discovered when I insisted they check the living and dining areas. In
the meantime my beautiful furniture is sitting in this infested home. My
insurance is trying to establish that the additional mould and sweating of
the slab in the laundry room ( six inches from the original leak) may have
been caused by another leak or another source. My irrigation system was
tested and no leaks were found. This is driving me crazy and concerned
about what my insurance company is up to.
A.
You will be unsuccessful in collecting for mould damage from
your insurance company unless you pay for your own mould inspection and
mould testing Mould
Contractors and hire either an independent insurance adjuster [works
only on your behalf against the insurance company on a commission basis] or
an environmental attorney
Mould Lawyer.
[Feb.
5, 2003]
Q.
I
have a friend who had water damage caused by a slow leak from the water
fitting in the shower/bathtub area behind a wall.
The leak eventually got so bad that water was standing in the
bathroom and joining room - which is the kitchen. She called her insurance company who dispatched a contractor
to stop the leak and clean up the mess.
Mould was identified as present in the walls and the insurance
company stated that there was a $10K limit on liability and the estimated
cost for repair to eliminate the mould was $16K. Due to the wall location infected with mould, this will
require removing the kitchen wall cabinets (top and bottom) and countertop
to replace the wall board and treat the studs.
And, repair will be necessary to remove the mould to be able to get
it 'certified' as mould free to ever be able to sell the house.
The insurance company will pay (less deductible) for some of the
water damage (floors and carpet), but the mould' affected areas and getting
the 'mould' free certification is capped at $10K.
My friend lives in California.
A.
Your friend should be very concerned about making sure that ALL of the
home mould has been discovered and that it will be all remediated even
though he has to pay a big part of the cost. Most insurance company mould
inspection and testing is very inadequate to find the total extent of mould
in a home. If there is a serious mould contamination problem in one area of
your friend's home, the hvac system is probably itself contaminated with
mould spores and perhaps mould growth. The hvac system takes mould spores
throughout the home. The entire home needs mould inspection and mould
testing by a Certified
Mould Inspector. Your friend is lucky that the
insurance company will pay at least $10,000 of the mould remediation cost.
Most insurance companies try every legal trick they know to pay absolutely
nothing for mould damage inspection, testing, and remediation. Depending on
how widespread the mould infestation is, your friend may need to get
financial help form the mortgage lender on the property, or get a second
mortgage on the property, or get funds in some other way. Persons who
don't have insurance coverage can do some or all of the mould repairs by
doing it themselves utilizing mould equipment and supplies from Mould
Mart.
[May
20, 2002]
Q.
I
live in Hudson, NH. Recently we found out that a few houses in our
neighborhood had to undergo mould remediation (all built by the same
builder--we know there are several others in similar circumstances as we
are right now as well, all built by the same builder). Once we heard
them describe the mould in their attics, we immediately realized we had the
same problem, but had dismissed it as it appeared like 'dirt' on our attic
roof. A friend of ours is a local mould expert went up in our attic
to check it out. Without performing any testing, he felt that it
indeed was a problem and should be taken care of. It looked just
like the mould in the home of one of our neighbor's for whom he did take
samples for testing. We called our insurance company to put in a claim and
an adjuster came out to look at it and take pictures. That's as far
as we have gone thus far. The adjuster asked us to provide them with
a 'statement of origin' from our mould expert. We are currently waiting for
this statement and should receive it this week. The mould expert says
that he feels the mould is due to moisture seeping in from the roof.
There is only 'black tar paper' around the perimeter of our roof, not all
over it underneath the shingles. Due to a few bad winters 3-4 years
ago, he feels that there were ice dams that caused the problem and without
this barrier, it seeped into the wood. We have no known sources of
moisture in our attic from any other source as we have checked bathroom fans, etc. To support this, the mould is
more prevalent on the outer parts of the roof, versus where the fan ducts
are located. Also, the mould is only on the back side of the house.
The front side of the house that gets sun all day long is free from mould.
The back side is in the shade most of the day. I don't have a good feeling
about the insurance company's honoring our claim, but I guess we'll have
to wait to see how things go once we provide them with a statement of
origin. Should we wait to be denied by the insurance company to go to a
lawyer, or should we find one now? I'm very disturbed by the cost
estimates I'm hearing to tear off our roof and redo it (those we've heard
from neighbors that have done this recently). Without insurance monies,
there is no way that we can do this ourselves.
A.
Not having black tar paper underneath all of the shingles might possible
be a construction defect that a lawyer could pursue against the builder if
the statute of limitations for suing has not already expired. To avoid ice
dams backing up water underneath shingles, roofs in cold climates should
have something better than black roofing paper---a thick rubber-like
waterproof membrane underneath the shingles to make absolutely sure that
water doesn't penetrate the roof decking into the attic area to cause mould
growth. As far as collecting from an insurance company, the damage must be
something specifically covered in your insurance policy, and be sudden and
accidental and related to a specific occurrence date. You must also file a
claim with a policy-provided time period [usually very short from the date
of occurrence].
[April 21, 2002]
Q.
We
need help very quickly. We filed a law suit pro se against Foremost
Insurance and we are treading water, barely. We had a great deal of
difficulty getting them to do the appropriate clean up. The adjustor
came out , made an initial assessment authorize certain work and
disappeared for several days. He left mould growing over approx. 900 sq. ft. area of a 2000 sq. ft. home. It is a mobile home and he did
not check under the house on that initial visit. One of the contractors
checked the following day and found a river being held up by the vinyl
sheeting. We could not get a contractor to remove it without
authorization from the insurance company and the company insurance
adjuster did not return calls from us or from two of the contractors.
The water stayed under the house for over a week and the mould was
spreading in the house. The company insurance adjuster would not
authorize removal of soft goods from the house to protect them. He
had the furniture and materials moved to an adjoining room where there was
not even a door to protect the property from mould spores. One of our
contractors is an expert on mould cleanup and
they advised we would need to move all of the furnishing out of the home
for treatment as they were exposed to mould growth. The company
insurance adjuster refused to do this. We received a letter from the
insurance adjuster giving what he declared was the final payment. He said
we had voided the contract because we refused to allow the contractors in
to work. We have written statements
from the contractors, stating they were never told to either stop or start
work and putting a lie to the time line he says they communicated to them.
The insurance company has already paid twice the amount that the insurance
adjuster stated as total damages in that letter. Our problem is we
are not
lawyers and we do not know how to navigate this system. Please would
somebody out there help us. Sandra BarMcQ 505-383-9526, Las Cruces.
We do have pictures, we have a test of several mould plates showing an
overgrowth of mould throughout the house. One of the moulds is an
especially toxic one. We also have a letter from a doctor stating
responding to these tests that the house could not to inhabited by any
body. Again, would somebody out there please help.
A.
Your
letter has been posted on our website
Mould Inspector
to get the attention of a New Mexico mould attorney to help you. You
need to locate a New Mexico attorney who will handle your legal case on a
contingency basis---meaning you pay no fees in advance to the attorney.
Rather, the attorney gets a percentage of your ultimate insurance
settlement or jury award. If the attorney doesn't get money for you, he or
she doesn't get paid! One place to locate an attorney is to visit the
website: Mould
Lawyer.
[April 8,
2002]
Q.
How
can I get my homeowners insurance company to reimburse me for all the
things we have done inside our home per doctors orders to rid our home of
bad air quality, and thereby improving my life, such as pulling up all
carpets and putting down wood flooring, changing out duct work in attic,
putting in new whole house air purification system with UV light, new
furnace, etc.?
A.
In order to collect on an insurance policy, there must be an insured peril
that your insurance policy specifically covers and that is NOT
excluded in the fine print of the policy. Besides being an insured peril,
the problem usually has to be "sudden and accidental" and
something that happened on a specific date or during a narrow time range
that you can prove to the satisfaction of the insurance claims adjuster.
Improving your home under a doctor's orders to rid your home of allergens
is probably not covered in your insurance policy. To find out for sure,
seek out the assistance of a public insurance adjuster or an insurance
attorney to study your policy and your situation. A public insurance
adjuster represents only you in trying to collect from an insurance
company [on a commission basis].
[April 2, 2002]
Q.
We
had a leaky shower pan and are getting a new shower put in. The
demolition of the old shower was yesterday, and there is now mould exposed.
Our insurance company has been quick to have a clean-up crew call us,
and although I would like to believe they are being nice and doing the
right thing, they have been a little too quick and too nice. I'm
afraid I won't get the clean-up job done right or may not have everything
cleaned as it should be -- i.e., can carpet be cleaned, or
should it be removed? What about upholstered furniture?
Mattresses? Personal belongings in the house? We have been
told we may have to get a motel room for a few nights while they run the
"air cleaners" -- I can't help but wonder if they aren't telling
me everything. But I want to believe they are being fair and honest.
We do have coverage, but I don't want to agree to all this, and
perhaps end up settling for a less than good cleanup, but I
don't want to cause unneeded concern or trouble either. I want
to get my house cleaned up and life back to normal, but.. I have
health concerns also. Two of my sons have been sicker this last
year than ever before -- sore throats, coughs, ear infections -- taking Zyrtec and Claritin and never had before. One has allergies and
asthma, and it's hard to say if he is worse because he has so many
pulmonary problems. Maybe I'm making too much of it.
I need advice.
A.
If you rely solely on your insurance company to do the initial testing,
develop the remediation plan, carry it out, and test the area afterwards,
you will probably NOT get rid of all of the unhealthy mould growth that may
be hidden in your home walls, ceilings, floors, attic, crawl space,
basement, and hvac equipment and ducts. You should find out the true facts
involved before and after mould remediation by hiring a Certified Mould
Inspector to test your home both before and after mould remediation. It
is very common that when most remediation is done that the mould problems
are just as great or greater than prior to the remediation efforts. To
find a Certified Mould Inspector in your area, please visit website:
Certified Mould Inspectors.
[Feb. 21, 2002]
Q.
Our
house is infested by black mould which makes everybody sick. We are going
to move out our house by this week and told not to take anything with us.
We are so naive about this situation and do not know what to expect from
collecting on a mould insurance claim. My question is the insurance said
that they can clean the wood furniture's, but what about the mattress the
cloth sofa and couch? we are planning to dispose this things and we want
to file a mould insurance claim from our insurance because we think that it
will be hard to clean this particular item. Do you think we are right? can
we demand that our mould insurance company pay for health purposes that we
need to disposed anything that is a treat to our health. I am scared
because I do not know how bad is our health now, we still have to see a
doctor to find out about our health especially my two children who are
sick all the time.
A.
In your mould insurance claim, you should insist upon new replacements for
any soft materials like mattresses and upholstered furniture. Although
such items can sometimes be effectively cleaned of mould contamination,
results are not necessary mould-free and the cost can be considerable. By
representing yourself against the insurance company, you are asking to be
taken advantage of by the insurance company. You will probably get a
bigger settlement more quickly if you are represented by either a public
insurance adjuster [represents only you against the insurance company on a
commission basis], especially a mould insurance adjuster, or a plaintiff's
attorney who specializes in suing insurance companies for bad faith in not
paying mould insurance claims.
[April
1, 2002]
Q.
I
currently have a mould claim filed against Allstate Sept. 17, 2001 and am
pulling teeth to get any information out of them. They don't want to talk
to me don't want to pay added living reimbursements -- keep trying to get
me to settle and have hired a mould company to retest my house and they did
a shoddy job. How can I make them get a protocol form the first mould
company or from a new one? I don't feel safe using their company since the
numbers were
so far off from the first.
A.
You need to hire your own qualified mould inspection and testing company to
work ON YOUR DIRECT BEHALF. You can locate qualified Certified Mould
Inspectors by visiting the website:
Certified
Mould Inspectors.
Don't just wait for the insurance company to hire an insurance-oriented
testing service---hire a testing service that will find ALL OF THE MOULD IN
YOUR HOME and search for insurance-covered causes for the mould growth.
Once you get the insurance company to accept liability for the mould
damage, you can usually get your paid testing fees reimbursed from the
company.
More related
question and answer compilations at:
Legal Q & A | Cal Mould Law | Insurance Claim | Texas Victory | Landlord Liability | Employer Liability | Realtor Disclosure | School Mould | Sell-Mould-House
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Learn
to do your own property mould testing and mould remediation---or become a
Certified
Mould Inspector & Certified Mould Remediator!
For info,
please click on:
Mould Training
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