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.

One Responseto “Toxic Molds a Cause for Homeowners Insurance Claims”

  1. You did this piece justice

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