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Mold Insurance
Answers and Information
Q.
If I submit a mold claim to my insurance company in Massachusetts, will my
house be put on a "bad" or watch or some kind of contamination list?
[March 27, 2005]
A. Whether or not an insurance claim for water damage or mold
damage is even paid by the insurance company, most companies submit water
and mold claims made by their policyholders to the C.L.U.E. insurance
industry database of water and mold damaged properties, making insurance
potentially more expensive and/or hard to get, especially for a new buyer
wanting to buy your property in the future. Before you submit a claim,
make sure you are eligible to collect by carefully reading your policy.
You might want to seek advice from an insurance lawyer or from an
independent insurance adjuster [works on a commission basis just for you
against your insurance company]. Also your claim should be large in dollar
amount [besides being collectible] to make the damage to your property's
C.L.U.E. report worth it financially. Most insurance policies have several
ways to deny mold claims, including an outright denial of coverage for
mold-related claims. Whether your are doing the work yourself, or your
hire a capable
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Q.
Help! I believe I have a rampant mold problem in my Massachusetts
home. During the warmer months I use a dehumidifier in my basement
(which needs to be manually emptied). Last August after being away
for three weeks on vacation, I returned home to find a white "film"
over my dining room set and a moldy smell. (My #1 allergy is mold.) A
few weeks ago, my water pipes froze and burst, resulting in a small
amount of water damage to a crawlspace. Ever since, my allergy
symptoms have been out of control. I contacted a mold remediation
company who tell me that just the testing phase by an industrial
hygienist will run anywhere from $1,000 - $3,000. Yikes! My house was
built in 1789, is situated on a slope, so that the basement walls are
whitewashed field stone and there is a "walk out" in the back of the
basement with a cement ramp which, when rains are heavy, result in the
water coming into the cellar. After reading some of the fine points on
your Web site, I realize that I've been living for the past 10 years
in the "perfect house." That is, if you want an example of what to do
to ENCOURAGE mold growth. Leaky gutters, clothes dryer not vented to
the outside, attic not vented, crawlspace not vented, poor air
circulation, etc. I don't have much money. Where can I start? Will
filing a claim with my homeowner's insurance help? [March 24, 2004]
A.
It is unlikely you can collect from your insurance company for mold
which results from maintenance neglect over the years. Most insurance
policies specifically exclude mold damage [and sometimes now even
water damage] from insurance coverage. In the old days [2 years ago]
before insurance policy mold exclusions, insurance companies would
require that the mold be directly the result from the happening of an
insured peril such as a sudden and accidental water line break, flood,
wind roof damages, etc. Even when there was mold insurance coverage
from such water accidents, insurance companies' claims adjuster and
lawyers used every stalling tactic they could think of to keep from
paying for mold damage. Since your budget is limited, your first
affordable step to assess the mold damage to your home and the health
threat to your family is to use do it yourself mold test kits
available form a large hardware or home improvement store to mold test the air of
the basement, each room, attic, and the outward air flow from
heating/cooling duct registers for the possible presence of elevated
levels of airborne mold spores, in comparison to an outdoor mold control
test which you should also do. To get rid of the mold infestation,
follow the steps for safe and effective
mold remediation
and
mold abatement at
Mold Removal. Mold
remediation is most affordable when you use the do-it-yourself
approach.
Q.
Our
house is infested by black mold 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 mold 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 mold 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 mold 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. [Feb. 21, 2002]
A.
In your mold 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 mold contamination,
results are not necessary mold-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 mold insurance adjuster, or a plaintiff's
attorney who specializes in suing insurance companies for bad faith in not
paying mold insurance claims.
Read
Mold Legal Guide
as an in depth introduction to both
sides of the key mold legal issues and of the essential claims and defenses
in mold lawsuits.
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