I recently had a conversation with a client who has been experiencing issues with her home dealing mostly with a leaky toilet/pipe which is causing mold to grow in one of the downstairs bedrooms. She initially wanted to file suit against the former owner because she believed that there were defects that were intentionally concealed. I must admit I initially agreed.
However, after doing some investigating and legal research I realized the proper party is her own insurance company. I scheduled another meeting with the her and went over the results of my investigation with her. The following is what happened after our conversation:
- She hired a remediation company to repair the water damage caused by the leaky pipe.
- She hired a mold company to repair and remove the mold in her home.
- Both the remediation and mold company worked did the work pursuant to an assignment of benefits. (i.e. she did not have to pay them)
- She filed a claim with her insurance company.
- The insurance company after their investigation denied her claim.
After her claim was denied a lawsuit was filed on her behalf and the insurance company continued to drag their feet. The remediation and mold company also filed suit against the insurance company because they were obligated to pay both these companies who were working under a valid assignment of benefits contract.
So nine months later she gets a call that her case has settled and that the insurance company would be paying the legal fees. The same thing happened for both the remediation and mold companies.
So to answer the question originally asked… yes hire a lawyer.
If you have had your claim denied or underpaid by your insurance company give me a call (954-982-2124) and mention this blog post. I’ll give you a 25 minute case review at no cost to you.
Houson R. Lafrance