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Feel like you are getting nowhere with your insurance adjuster?

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There is no other industry that feels the effects of microbial contamination in buildings like the insurance industry. With litigation over mold into the millions of dollars the insurance industry is scrambling looking for answers. This page is written by Al Tibbs, CIAQM a professional IAQ Consultant and Construction Inspector working in the private sector as a consultant to home and building owners.

From my perspective the first problem that should be addressed is the timeliness in which water damage claims are dealt with. In many cases, I am hired by a home or building owner that is waiting to hear word from their insurance company on a water damage claim. When the adjuster does make it to the site, which, in some cases is days later, the damage may already be done. Adjusters need to be aware of the time factors involved in microbial contamination. Studies have shown that microbial contamination can begin in as little as 24-48 hours after an initial flood, whether from sewer backup, roof leak, pipe break or any other factor. I believe that in the past, adjusters have been concerned with limiting the losses to the insurer only. Today, with toxic mold litigation on the rise, that may not be the best solution. It may be prudent for insurers to deal more openly with microbial contamination after a flood or water damage claim is filed.

In a recent case, I was working for a homeowner that had an unfortunate pipe break at their incoming water service. The ensuing leak caused damage to the walls, carpet, etc. There was plainly visible microbial contamination on the drywall in the area of the leak. In this case, the adjuster told my client not to worry, that the black stains were not mold, but dirt. I was forced to take surface samples of the area (adding another week to the timeline) to prove that plainly visible mold, was indeed, mold. The added time, waiting for sample results only made matters worse. Given the right conditions, that few extra days could increase the cost of the cleanup substantially.

In the case mentioned above, after finally accepting that the visible growth on the walls was indeed fungi, the insurer sent in a cleanup contractor to secure the area and prevent further contamination. The contractor set up an enclosure to contain the area, along with a negative pressure exhaust to the exterior of the building. Unfortunately, the contractor did not take the time to secure the exhaust from the negative pressure equipment and it fell out and into the room, agitating the air and most likely blowing spores throughout the home. 

The above scenario shows one thing. Insurers and those working for them need to be more aware of potential longer term costs and not concentrate solely on reducing claim costs. In cases where microbial contamination is suspected, insurers should use companies that are experienced in microbial abatement procedures to secure the area and limit further contamination and to assure that the situation is being handled properly. Not doing so only increases the insurers costs.

The companies contracted to perform the initial containment and remediation should be experienced abatement contractors, not cleaning companies. Some cleanup companies are unaware of microbial contamination and look at it contamination as no big deal. This is proving to be costly for insurers.

To limit losses in cases of water damage, a few items which deserve consideration:

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Respond to water damage claims promptly to avoid claims of bad faith or negligence

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Send companies qualified in microbial abatement to perform initial assessment/containment

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Stop the source of water immediately and begin dry out procedures once the area is contained. (Remove saturated porous items immediately to prevent microbial growth if leak is more than 12-18 hr. old) It is less expensive to replace a piece of carpet or drywall than it is to remediate a microbial contamination.

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Have a qualified CMRS (Certified Microbial Remediation Supervisor) present at all times during initial and on-going abatement procedures

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Implement a set of procedures and guidelines in dealing with claims that may involve microbial contamination or the potential for such contamination (Time Is Critical)

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Send trained professionals (C.I.H., CIEC, CIAQM, CIAQT, CIAQP) into the field with adjusters to assess the situation. The time that lapses from initial adjuster visit to having someone evaluate the damage is critical in water damage claims. Trained professionals can also help in documenting pre-existing conditions.

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Have a construction professional available to assess other sources of water penetrating the building. There may be more than one cause for microbial contamination, in which case the building owner would have to be able to segregate the damages. All sources of excess moisture penetrating the building or being created within the building envelope have to be addressed for a successful abatement.

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Be open and precise in dealing with water damage claims. This will help in limiting losses due to excessive time lapses.

 

Falling Down Containment

This is a containment set up by a cleaning company on a recent project. The containment, contains nothing and collapsed after setup

Critical Barrier

This is a single sheet barrier set up to contain a room contaminated with Stachybotrys, Aspergillus and Penicillium. The negative air machine in the room came loose 3 times the first week, blowing contamination throughout the area, including outside the containment area.

Negative Air Equipment

This is negative air equipment, properly installed. It took the contractor 3 trips to the home to get it setup correctly. The first 2 times the exhaust came loose, blowing contaminants around the area and outside of the improperly erected critical barrier.

 

 

Al Tibbs, LEED AP, CIEC, CIAQT, CIAQM
 

More Information

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Mold Related Bad Faith Claims Continue to Plague Insurers

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California jury ordered Allstate Insurance to pay a policyholder $18.5 million

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More Toxic Mold Claims

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Mold Claims and Real Estate

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Insurance Adjusters Rewarded for Shrinking Claims Checks

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Mealey's Litigation Report: Insurance Bad Faith

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Information on Bad Faith Claims (Recommended)

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Understanding The Insurance Companies Attorney

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The Insurance Propaganda Machine

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About Mold Claims

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Mold and Bad Faith (Recommended)

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Mold Talking Points "Claims Handling Points"

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Make Sure to Certified Restoration Contractors

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Insurers Take Aim at Mold Claims

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Real Estate Professionals Concerned Over Rates

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The Claim File: 'Exhibit A' in Bad Faith Litigation

 

 

 

 

   

Leviticus 14:45 A house desecrated by mildew, mold, or fungus would be a defiled place to live in, so drastic measures had to be taken.

Do you suspect a mold problem in your building? If you answered yes, you will want to read through the information here before deciding what to do next. It could save you thousands of dollars.

 

   

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