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Seeking Advice on Homeowners Claim Issues

Posted on 2/2/20 at 8:54 pm
Posted by GeauxldMember
Member since Nov 2003
5755 posts
Posted on 2/2/20 at 8:54 pm
Apologies in advance, this will be long.

I filed an insurance claim 35 days ago for a hidden plumbing leak in my kitchen that migrated between my tile floor and subfloor (pier and beam construction) and wasn’t detected until it wicked up one of my cabinets. Once detected, I quickly capped the leak, pulled out some base cabinets and plaster to begin the drying process, then contacted the insurance company.

They sent out a field adjuster about 5 days after the claim, and he said he noticed what could be mold in the wall cavity. I told him I had closed cell foam under the house, so nothing was drying and we needed to get moving. The insurance company then sent out a mold remediation company to do an assessment, and then over a week after that, told me they were sending out a mold inspector to gather more data. The inspection report showed no airborne mold, and only trace levels of mold in any of the test areas, yet suggested demolition and remediation of affected area by a licensed mold remediation company.

Finally, 29 days after I filed the claim, the remediation company that came out prior then sends estimates for demo and remediation, the latter of which is like $7,000 more than my mold limitation. Knowing the area affected is relatively small, (300-400 square feet), I get the adjuster to send the full estimate and see these scammers are basically saying the scope of work is way larger than it really is. I tell this to the adjuster and he sends out another remediation company.

This company says the inspection company did not provide a protocol, which lays out the scope of work and that is highly irregular. They also note that based on the report, there isn’t really any active mold found and don’t see why it calls for a remediation company to do the work. I relay this to my adjuster and he schedules yet another remediation company that comes out and tells me the same thing. So, Friday, the adjuster finally agrees that a protocol is necessary and that he is going to schedule another inspection by a different company, but it won’t be until late this week. I tell him for the second or third time that I’m concerned that a real mold problem is going to fester with all the time being wasted.

I get home today— 35 days after the claim— after being gone a couple of days, and see there are a few f%#*!ing mushrooms growing up out of the subfloor where I pulled the base cabinets. So, now I’m really concerned that the next inspection is going to come back with airborne mold present, the remediation costs are going to be ridiculous, and I’m going to get left holding the bag.

So, IF it ends up that I now have a larger issue, my question is this: do I have a valid argument that their inactivity has exacerbated the problem, and thus my mold limitation should not apply?
Posted by Rammin TX
DFW Texas
Member since Oct 2018
1736 posts
Posted on 2/2/20 at 8:57 pm to
Psychedelic mushrooms...if so eat them
Posted by PrivatePublic
Member since Nov 2012
17848 posts
Posted on 2/2/20 at 9:07 pm to
You should never have waited on insurance to get remediation done. You should have done it day one and then filed afterwards. At least that's what I do, frick waiting on adjusters, they have no skin in your house.
Posted by halleburton
Member since Dec 2009
1619 posts
Posted on 2/2/20 at 9:14 pm to
It may be because I’ve been drinking, but I feel like you want them to pay you to fix a problem when there isnt really a problem, or you want to do the repairs yourself and make a little money (or be reimbursed for removing cabinets on your own before contacting the insurance company.)

If you fixed the leak over a month ago, there are NOT going to be any mushrooms growing out of your plywood subfloor...period. You either 1) still have a leak or 2) are making things up. If the leak is fixed, cabinets removed, and wall open, there is not going to be any mold issues this time of year after 5 weeks of drying in this humidity.

Eta: I believe you have a duty to mitigate, but should have called your insurance company immediately before removing cabinets.
This post was edited on 2/2/20 at 9:17 pm
Posted by wickowick
Head of Island
Member since Dec 2006
46425 posts
Posted on 2/2/20 at 9:14 pm to
Was there any talk about getting mitigation to the home when the damage was discovered? Either by the insurance company or you or vice versa?
Posted by Lsupimp
Ersatz Amerika-97.6% phony & fake
Member since Nov 2003
86491 posts
Posted on 2/2/20 at 9:16 pm to
Time to call a public adjuster?
Posted by GeauxldMember
Member since Nov 2003
5755 posts
Posted on 2/2/20 at 9:24 pm to
quote:

If you fixed the leak over a month ago, there are NOT going to be any mushrooms growing out of your plywood subfloor...period. You either 1) still have a leak or 2) are making things up. If the leak is fixed, cabinets removed, and wall open, there is not going to be any mold issues this time of year after 5 weeks of drying in this humidity.


I guess you missed this part:

quote:

I told him I had closed cell foam under the house, so nothing was drying and we needed to get moving.
Posted by GeauxldMember
Member since Nov 2003
5755 posts
Posted on 2/2/20 at 9:29 pm to
quote:

Was there any talk about getting mitigation to the home when the damage was discovered? Either by the insurance company or you or vice versa?


I told them I would start pulling more out and setting up drying fans and the adjuster told me not to; they would handle mitigation. I absolutely stressed— on many occasions— the need to get things moving to prevent further issues.
Posted by Macavity92
Member since Dec 2004
6349 posts
Posted on 2/2/20 at 9:31 pm to
Go.See.A.Lawyer.

You may have a bad faith claim.

Do it tomorrow.

Yes, I am a lawyer. Go see a reputable plaintiff’s lawyer asap.

ETA: a defense lawyer. Go see a plaintiff’s lawyer.
This post was edited on 2/2/20 at 10:12 pm
Posted by Gaspergou202
Metairie, LA
Member since Jun 2016
14460 posts
Posted on 2/2/20 at 9:32 pm to
I didn’t say this.

I typed it.

Scrap mushrooms off and clean your house with a bleach solution as you normally do. Shrooms aren’t toxic mold, so sleep comfortably until the new guy shows up. Clean your house regularly like always. I doubt mold will be found after 2 other companies report negative results. If the 4th guy does get positive mold results, then argue their delay caused problems. Get advise from several attorneys with cost estimates. Good luck.
Posted by abovepar
Member since May 2010
259 posts
Posted on 2/2/20 at 9:35 pm to
This is the worst case nightmare when having that foam insulation. Need to get rid of that crap. Sounds to me that is your problem , not your insurance. Seems they are bending over backwards to solve your issue
Posted by GeauxldMember
Member since Nov 2003
5755 posts
Posted on 2/2/20 at 9:40 pm to
quote:

I doubt mold will be found after 2 other companies report negative results


There was only one test done. The two companies referenced wouldn’t provide remediation estimates since the guy who did the testing didn’t supply a protocol. The next test (really ordered to get the protocol) will be the second test.
Posted by GeauxldMember
Member since Nov 2003
5755 posts
Posted on 2/2/20 at 9:41 pm to
quote:

Seems they are bending over backwards to solve your issue


I didn’t realize my adjuster posted on TD.
Posted by mmmmmbeeer
ATL
Member since Nov 2014
10189 posts
Posted on 2/2/20 at 10:02 pm to
I spotted a small smidge of what appeared to be "black mold" in my basement due to a stopped up gutter causing water to come down hard right where my foundation and walls meet. I wasn't going to pay someone to come out, nor was I going to call insurance, so got on the ole Google.

I was pretty damn shocked to learn that black mold has never been proven toxic, even when infants are exposed.

Point being, you're going through a whole lot of hassle (and potential rate increase) when you could have just cleaned up any visible mold/moisture with a bit of bleach and called it a day.
Posted by halleburton
Member since Dec 2009
1619 posts
Posted on 2/2/20 at 10:07 pm to
I’m a contractor and know how closed cell foam works, probably better than you do. If it is as you said, there should be no moisture issues after 5 weeks. Period.
Posted by GeauxldMember
Member since Nov 2003
5755 posts
Posted on 2/2/20 at 10:23 pm to
Riddle me this, Mr. Expert: if there is saturated plywood sandwiched on the bottom by closed cell foam and on the top with tile, how is that saturated wood drying out?

The small piece of subfloor that is exposed from pulling out base cabinets is maybe 2’x4’, and not enough surface area to dry out the remaining, soaked plywood still covered with flooring. The exposed area is much drier than it was when I first discovered the problem, but a moisture reading last week was still at >40. The saturated subfloor will have to be removed and replaced.
Posted by NoSaint
Member since Jun 2011
12803 posts
Posted on 2/2/20 at 10:26 pm to
Do you have access to a bull dozer and cement?

You know, to remediate this issue.

Edit: definitely not to build a kill dozer.
This post was edited on 2/2/20 at 10:28 pm
Posted by NolaTiger52
New Orleans
Member since Jul 2018
2134 posts
Posted on 2/2/20 at 10:40 pm to
I’m no homeowner, but I would call a lawyer. Good luck
Posted by TutHillTiger
Mississippi Alabama
Member since Sep 2010
49851 posts
Posted on 2/2/20 at 11:10 pm to
Yeah I made StateFarm buy a house over shite like this
Posted by Trevaylin
south texas
Member since Feb 2019
11492 posts
Posted on 2/3/20 at 12:24 am to



about 16 years ago, black mold was a huge issue, that was well taken
care of by health scared insurance companies. a whole new remodeling industry sprang up to meet the needs of the sick public. insurance companies began to specifically exclude mold damage from their coverage and within 12 months the sickness disappeared .
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