When it comes to mold remediation, there are many complexities and legalities that you should be aware of. After all, when filing mold insurance claims it’s important to be informed in order to obtain the compensation you deserve from your insurance company- that’s the whole reason you pay your insurance premiums every month!
One of the landmark mold remediation cases you should know about is the case of Ballard V. Fire Ins. Exch. This case has affected the field quite a bit and it’s important to know about the case in order to be informed regarding your mold insurance claim.
Read on to learn more about the trend in mold-related claims and Ballard V. Fire Ins. Exch. Your Insurance Attorney is a top property damage attorney Miami residents trust. Call Your Insurance Attorney in Miami Dade County today for a free consultation!
Ballard V. Fire Ins. Exch. Affected Mold-Related Claims
In late 2001, a wave of litigation regarding mold-related claims erupted, following a case where a Texas family was awarded $32 million for property damage and mental anguish against their insurer in a mold related case. The insured party in the case experienced a water loss from leaking plumbing that resulted in damage to their hardwood floors and sub-flooring.
In December 1998 they had made a water damage claim after repeated water leakage had caused significant damage to their flooring. An independent adjuster assigned by their homeowner insurer, Fire Insurance Exchange, had initially said that the damage was not caused by water damage, but then changed his report when locating other areas of water damage, causing a delay in repairing and remediating the premises.
The insureds then discovered the presence of stachybotrys mold after the initial water loss damage claim, then filed suit against their insurer, alleging breach of contract, deceptive trade practices, bad faith in the claims handling process, and negligence.
Ultimately, the verdict against FIE was determined to be a $32 million compensation, including $12 million in punitive damages. The insureds also alleged personal injury claims, but were not allowed to proceed on those claims due to the fact that there were not enough epidemiological studies to support them
The Case and Its Impact on Mold Insurance Claims
Your Insurance Attorney, a top property damage attorney Miami relies on, notes that the Ballard case has had a significant impact on mold remediation cases. Following the initial verdict determined in this case, there was an exponential rise in mold claims.
Moreover, media exposure and suits brought by personalities such as Erin Brokovich and Ed McMahon has further fueled the hype surrounding mold-related claims. After the Ballard verdict came out, in the first year alone, insurers in the United States paid $3 billion in mold-related claims, a significant increase from $1.3 billion the year before.
When it comes to mold insurance claims, it’s important to be informed in order to receive the compensation from your insurer that you deserve. The Ballard v. Fire Ins. Exch. mold remediation case was a landmark case that set a precedent for many other mold-related claims.
Your Insurance Attorney is a top property damage attorney Miami residents trust. Call Your Insurance Attorney in Miami Dade County today for your insurance litigation needs!