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Third Party Liability:
Collecting from Others for Mold Damage
Sometimes, you can seek and collect damages and compensation
from third parties for mold property damage and mold health damage. Several such sources
of third-party compensation include:
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Homeowner's insurance
coverage or comparable insurance coverage on other types of buildings [e.g., rental
properties, offices, stores, etc.]. Read your insurance policy coverage carefully. Even
if your policy appears to exclude mold as a covered risk, you can usually collect if
you can prove that the mold damage is a direct result of an insured peril such as a
sudden water pipe break, flood, or fire. You usually need to determine a specific date
that the insured peril/event happened to be successful in collecting on your
homeowner's insurance policy. If you try to represent yourself in collecting from an
insurance company, you will usually do poorly.
Instead, let your Certified Mold Contractor, a public
insurance adjuster [represents only you to collect from an insurance company], and/or
your present attorney or an insurance-oriented or personal-injury attorney specialist
help you collect for mold damage from your insurance company.
YOUR FIRST STEP:
Hire a Certified Mold Inspector to have your own mold
inspection, mold investigation, and mold testing to prove that you have a mold problem
and the cause of that mold problem. If you are successful in collecting from your
insurance company, you can usually be reimbursed by the insurance company for your
payment of your own mold testing, mold investigation, and mold inspection expenditure.
When an insurance company sends out a testing service, the goal of that testing service
is NOT to find mold and to do the fewest number of test locations in the most unlikely
places to find hidden mold [e.g., their failure to test mold inside walls, mold above
ceilings, mold below floors, mold inside hvac ducts, mold in the attic, mold in crawl
spaces, and mold in basement].
For information on the new 2002 mold insurance policies in the State of Texas, please
visit the Texas Mold Insurance page.
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Landlord Liability. If your landlord has
failed to provide you with habitable housing by allowing a serious mold problem to
jeopardize your health and your personal possessions, and by not fully, completely, and
safely removing the mold contamination after your written complaint about the mold
problem [by certified U.S. mail with return receipt], you may have a legal mold claim
against the landlord for injury to your health and personal possessions. If you are
living in a mold-contaminated rental unit which the landlord refuses to properly and
fully correct, you should seek the legal assistance of a mold attorney or any lawyer
who specializes in landlord-tenant law, or personal injury type of matters. Effective
January 1, 2001, California landlords have an obligation to disclose mold problems in
rental units to prospective tenants. Soon other states will have a similar mold
disclosure law.
Because the first thing your prospective attorney will ask you for is laboratory results
from mold testing you have paid to have done in your rental housing,
YOUR FIRST STEP is to hire a
Certified Mold Inspector
to have your own mold inspection, mold investigation, and mold testing to prove that you
have a mold problem and the cause of that mold problem. If you are successful in
collecting from your landlord, you can usually be reimbursed by your landlord for your
payment of your own mold testing, mold investigation, and mold inspection expenditure.
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Seller Liability. If you have RECENTLY
purchased a home or other real estate building that already has an existing mold
problem, you may be able to rescind your purchase agreement and/or obtain
compensatory damages from the real estate seller to remove mold completely and safely
from your home, and for compensation for replacing mold contaminated personal
possessions, and for medical testing and treatment for you and your family members
exposed to the mold problem. Effective January 1, 2001, California landlords have an
obligation to disclose mold problems in rental units to prospective tenants. Soon other
states will have a similar mold disclosure law.
Because the first thing your prospective attorney will ask you for is laboratory results
from mold testing you have paid to have done in your newly-purchased home or other
property, YOUR FIRST STEP is to hire a
Certified Mold
Inspector to have your own mold inspection, mold investigation, and mold testing to
prove that you have a mold problem and the cause of that mold problem. If you are
successful in collecting from the real estate seller, you can usually be reimbursed by
the real estate seller for your payment of your own mold testing, mold investigation and
mold inspection expenditure.
from Austin American Statesman, January 27, 2002
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