DETROIT, MI – 08 July, 2016 – “Most homeowner’s insurance policies contain an exclusion from coverage for mold growth. There are three ways for a homeowner to side-step this mold exclusion: (1) pay for a policy rider that includes mold growth claims up to a certain dollar limit; (2) hire a water damage inspection by a Certified Environmental Hygienist or Professional Industrial Hygienist, who factually documents that insurance-covered water damage is the ‘the efficient or predominant cause’ of the mold growth; and (3) sue the insurance company for bad faith in denying the water-damage related mold claim,” notes Phillip Fry Certified Environmental Hygienist and author of the new 2016 book How To Win an Insurance Claim for Water and Mold Damage, which will be published on Oct. 1, 2016.
When the insured can identify an insured peril such as water damage as the efficient or predominant cause of resulting mold growth damage, there is often insurance coverage even if subsequent events in the causal chain such as ensuing mold growth are specifically excluded from coverage. One of the leading legal cases for “bad faith” liability by insurance companies who deny or delay unjustifiably payment for mold damage that been caused by water damage is Ballard v. Fire Ins. Exch., No. 99-05252 (Travis Co. Ct.. June 6, 2001), affirmed in part, denied in part, 98 S.W.3d 227 (Tex. App. Dec. 19, 2002).
Insured homeowners argue bad faith because mold tends to develop and spread quickly, and it produces airborne toxic mold spores and mycotoxins (poisonous gases) that can seriously, and sometimes permanently, harm the health of some or all residents. Insureds complain correctly that the mold would not have grown at all had the insurer quickly remediated the insured water damage, or that the mold growth became worse because of an insurer’s inaction or slow action. Prompt and efficient processing and payment of water damage claims should be the highest priority of insurance company adjusters. Failure to do so can lead to potential bad faith legal exposure and large payouts to insureds whose homes and personal health suffer from insurance company bad faith.
An additional source of money to pay for mold damages caused by a water loss are water remediation company hired by insurance companies to check out water losses. Such companies often have a long-standing, pre-existing relationship with the insurers. These companies often down play or ignore mold growth issues to save money for the insurance companies. In addition, many such companies often do sub-standard water damage restoration that doesn’t find, kill, and safely get rid of all of a home’s mold growth, and that facilitates unnecessary mold growth after their work. Attorneys suing insurers for bad faith often include such water damage companies as additional lawsuit defendants.
To buy Mr. Fry’s new book How To Win an Insurance Claim for Water and Mold Damage or to hire him as a water damage inspector, remediator, and consultant for residences and commercial buildings in the USA, Asia, or Europe, email firstname.lastname@example.org, or phone toll-free (USA and Canada) 1-866-300-1616 or cell 1-480-310-7970, or visit www.moldexpertconsultants.com or www.moldinspector.com
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Company Name: EnviroFry Upkeep Masters, LLC
Contact Person: Phillip Fry
Country: United States