by lekeichawilliams » Mon Oct 05, 2009 09:32 pm
is that true . their sending an adjuster out because I said that I would be contacting a lawyer. can I get my own adjuster and do I have a case my daughter has asthma and we wake up with headaches I just saw the mushroom a week ago.
Posted: Mon Oct 05, 2009 10:06 pm Post Subject:
Your insurance company is sending out an adjuster? Why are you contacting an attorney?
Posted: Tue Oct 06, 2009 04:35 am Post Subject:
The only time I ever found mushrooms (usually growing in carpet) was after water losses that sat for at least a couple months. If the damage sits long enough you will have a beautiful array of colors including orange, red and purple. You will also have the common black and green.
If there are mushrooms growing, I would bet 100% that they are going to deny the claim as on going water damage or at worst case you did not mitigate your loss after water damage. See what the adjuster says and then you can contact and attorney if you don’t like their answer…. if you can get an attorney to take your case. Never hurts to try, but I wouldn’t hold my breath. Mushrooms just don't grow in a day or two.
Posted: Tue Oct 06, 2009 07:08 am Post Subject:
Did you leave your house uninhabited for some time? The only other causes resulting in such water losses could be storage of flood waters (for a couple of months) or may be a leakage that stayed unnoticed for some time. Roddick
Posted: Wed Oct 07, 2009 01:31 am Post Subject:
The first thing that I want to know is why the OP went for an attorney right off the bat. That's pretty unusual, and commonly the result of bad advice. So OP... :arrow: Why did you lawyer-up?
Next, most homeowner policies will exclude losses of this sort. Since the mold and mildew claim explosion of a few years ago, insurers are now routinely adding amendatory endorsements that exclude coverage for specifically these kind of losses. Why?
Let me 'splain...
In order for an insurance loss to be covered within the confines of the policy, the loss (for almost every contract) must be what's called "fortuitous in nature." A fortuitous loss is one that's sudden, accidental, unexpected and unintended.
Mold and it's wonderful cousins are not sudden and accidental...they occur over time, and insurance policies generally don't cover things like this. Similar examples are water seepage, wet and dry rot, etc.
I'm still wondering why you hired an attorney.
InsTeacher 8)
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