If you are a homeowner and something major goes wrong with your home, naturally, you’ll probably expect that your homeowners’ insurance is going to cover the cost of fixes. Unfortunately, that is not always what happens.
In fact, if you have mold in your home (even if it is making you sick) you may not be able to get your insurer to pay for the remediation. When and if this happens to you, it’s important to understand all of your options.
If you are in a rental home, for example, your landlord should be liable for remediating the mold and for any damage that has been done to your property or health. If you recently purchased the home and the sellers failed to disclose mold, they could also be legally liable for covering the costs of any harm that has occurred.
Matthew de Lira APC can help you to pursue a case for compensation and take action if you find yourself facing mold-related losses that someone else is to blame for. Just give our San Diego mold lawyer a call or contact us online today to learn how we can help you.
Why does an insurance company deny mold claims?
When you have homeowners’ insurance coverage, your insurance pays for damage to your home resulting from specific types of perils. For example, insurance should pay for damage caused by fire or by a tree falling on your house.
In order for your mold damage to be covered, it must have occurred as a direct result of a covered peril. So, for example, if firefighters use water to put out a fire and mold forms because of it, this is a situation where your insurance should cover the remediation and any related losses.
In many cases, however, mold damage is not covered. For example, your insurer might deny your claim for mold remediation and property damage from the mold if:
- The damage was caused by neglect: If you know you have water intrusion and mold forming in your home and take no action to stop it, the insurer won’t pay for the resulting damage.
- The damage was caused by deferred maintenance: A failure to do routine maintenance tasks in your home that leads to mold damage is not the responsibility of your homeowner’s insurer.
- The damage occurred because of a non-covered loss. For example, most homeowner’s insurance policies exclude flood damage. If mold was caused by a flood in your home and you didn’t have a separate flood insurance policy, you wouldn’t be covered.
How can you get your mold-related losses paid for?
So, how can you get the costs covered if you have a mold problem at home or health issues due to mold exposure? Your options depend on your circumstances:
- If you recently purchased the home and the prior owners knew of water intrusion or mold formation and failed to disclose it, it’s possible they could be liable for your losses.
- If you’re renting, your landlord should be responsible for maintaining a habitable environment, including addressing mold.
- If your insurance company acts in bad faith, you can take action. This is an option if your mold issues should be covered, but your insurer improperly denies the claim. Bad faith laws allow you to recover damages beyond your policy limit, including punitive damages in some cases, if your insurer acts unreasonably in handling claims.
Contact a San Diego mold litigation lawyer today
Matthew de Lira APC is here to help you explore your options for getting compensation when mold causes you harm. Give us a call today to talk with a North County mold litigation lawyer to learn more.