Toxic Molds a Cause for Homeowners Insurance Claims

Finding molds in your home can signal a serious health hazard. Household molds have been credited to bring about symptoms of hay fever-like allergies, increase chances of infection, and difficulty breath for people with respiratory disease. These, along with the property damage are the reasons why many homeowners file for homeowner’s insurance claims.

Today, many insurance companies have included mold coverage in homeowner’s insurance, provided that there is a specific cause of the mold. Having mold coverage may only be on a specified limit and is not included on the overall coverage. These newer insurance policies cover all types of fungi, along with molds, with their by-products such as spores and odors. It can be confusing to decide who to sue for homeowner’s insurance due to toxic molds, but most of the time it is against the construction company who did the house, because they are the ones responsible for the installation of pipes, water fittings, and other equipment that could have contributed to the toxic mold problem.

Toxic molds are just a new addition to the vast array of toxic tort lawsuits. Work flaws regarding construction or repair of a house is usually the suspects for the growth and spread molds. There are different types of cases that can be brought versus the contractors or builders, and they are:

  • Breach of contract – this could put the contractors or builder who has neglected or have not properly fixed any problems that contributed to the toxic mold problem, and therefore breaching the contract or proper service liable for damages. Compensation for breach of contract cover only the losses and lost value of the home, but not the pain and suffering experienced by the homeowner.
  • Breach of warranty – similar to the breach of contract, this type of lawsuit brings into question the builder or contractor’s express warranty, where they are required to meet the standards necessary for an implied warranty or a state law that warrants for new construction. Breaching of warranty means that the house should be fit for habitation, and that it is safe and free from defects, but was otherwise disregarded.
  • Negligence – although harder to prove, negligence can be proven through the builder or contractor’s failure to uphold a duty of building or keeping the house free from mold. Most homeowners need to prove negligence because this type of lawsuit covers for pain and suffering.

Molds can be found anywhere, all it requires to grow is proper moisture. When filing a homeowner’s insurance claim it is vital for the plaintiff to prove that the underlying fact of the problem is that the contractors or builders failed to repair or construct the house properly, which lead to the intrusion or idling of water. Plaintiff should be able to prove that the toxic mold problem has more general legal elements to be able to be presented in court.

Insuring Your Vehicles Saves Money

Any type of vehicle carries a load of responsibility for the owner, and as such entails a significant investment. It is a means of transportation, but more than that it is a potential source of harm to the people inside or on it, and for those who are within its vicinity. Moreover, expensive vehicles such as a custom yacht probably set the owner back a pretty penny, so any damage is sure to burn an even larger hole in the pocket. Whether ensuring coverage for liability or property damage, it just makes perfect sense to get adequate insurance for all your vehicles.

Third party liability (TPL) car insurance in Chicago or anywhere else in the US is mandatory for drivers, but this only covers bodily injury and property damage to the other guy up to certain limit. Anything above that limit is an out-of-pocket expense for you as the at-fault driver. Personal injury claims against you can actually be covered by your insurance company if you get enough coverage. At least $100,000 each for personal injury and property damage is the recommended third party coverage, and more is better.

It should also be noted TPL coverage will not cover your own medical expenses or property damage, so stinting on the premiums of good insurance coverage could lead to a whole lot more financial exposure for you even if you don’t have a third party to contend with. Vehicular accidents on land or water can lead to a world of hurt that will not be easy to recover from, both for you physically and your vehicle. Habush Habush & Rottier S.C.® recommends investing in insurance for your own injuries and property damage.

When unsure about what would be adequate coverage for you and your vehicle, consult with a reputable insurance company in your area. They will provide you with a quote for what you need and what you can afford.

Concerns for Business Owners

Small business owners have to be on their toes a whole lot more than those in big business because there is not a lot of insulation from disaster. It is a constant battle to keep afloat and many small businesses in the US hover on the brink of non-profitability especially since the economic downturn that affected even large corporations. The last thing a small business owner needs is to be liable for a workplace accident.

Employees get injured all the time, and in the white collar setting this is usually slip and fall accidents. In more hazardous workplaces, such as in construction, the most common is also slip and fall, but from height, which makes it more dangerous than skidding across a polished floor. Other workplace injuries involve equipment malfunction, exposure to chemicals or hazardous substances, repetitive motion, or the weather. However, even if the injury occurred in the workplace or outside the workplace but in the commission of the employee’s job, it does not necessarily make the employer liable.

There are injuries that may be due to the employee’s disregard of safety rules and procedures that are in place, such as the wearing of protective clothing, or using a harness when necessary. Employees are also expected to take reasonable care of their own safety while at work, so if the injury is due to horseplay, or heels that are way too high, the employer cannot be said to be responsible. On the other hand, if the employer fails to observe the duty to provide workers with a reasonably safe work environment, then the employer may be liable for more than what the workers’ compensation insurance will give.

Whenever a workplace accident occurs, the question is if it could have been prevented, and who is liable for it happening. If you believe that your employer is to blame for your injuries sustained in the workplace, then you should get the help of a lawyer to prove it.

Filing for Social Security Benefits

If you are ever in the unfortunate position of having to file a claim with the Social Security Disability Insurance (SSDI), it would be best if you did so while living in Texas. You have a better chance (38%) of getting approved to receive SSDI benefits in The Lone Star state than average (34%) on the first try. It may seem daunting to have a 1 in 3 chance of getting approved, but according to the website of San Antonio-based Chris Mayo Law Firm, these really are the numbers you will have to work with and are a reflection on how difficult it can be to make an SSDI claim.

Even when you are denied, Texas has a shorter than average waiting time to get a schedule for a hearing with an administrative law judge (ALJ) with whom you have to lodge an appeal for a denied claim. But wherever you may be, the benefits that you will receive once you get approved for SSDI is the same. It will depend mainly on what kind of disability benefit you will be eligible for as determined by the disability specialists who will be assigned to assess the case. Because Social Security is a federal program, it is the national government who will eventually end up paying whatever the state agencies decide will be appropriate for each particular case.

However, some states make additional payments to certain individuals even if they have applied for or are already receiving disability payments and Supplemental Security Income (a benefit reserved for those with no income). In Texas, for example, a resident who is living in a nursing home funded by Medicaid may be entitled to an additional $60 over and above any federal stipend. To know what benefits you may be eligible for, and to make a disability claim, it is best to consult with a lawyer in your state who has extensive experience in handling such cases.