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USADJUSTING
USA
1 Posts |
 Posted - 09/21/2002 : 20:11:15
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IAM LOOKING FOR A FORM LETTER OF SORT. ONE THAT I CAN GET THE INSURED TO SIGN ACKNOWLEDGING THAT I INFORMED THEM OF THE LANGUAGE OF THERE POILCY THAT THAY MUST MIDAGATE THERE DAMAGES AND PROTECT FROM FUTHER DAMAGE.
UNDER THERE POLICY CONDITIONS IT IS YOUR RESPONSIBILITY TO TAKE IMMEDIATE,AFFIRMATIVE STEPS TO PREVENT ANY GROWTH OR ACCUMULATION OF MOLD ON YOUR PROPETY. SHOULD YOU FAIL TO COMPLY WITH THIS POLICY CONDITION,WE WILL NOT BE ABLE TO PROVIDE COVERAGE FOR ANY LOSS OR DAMAGE RESULTING FROM THE PRESENCE OF ACCUMULATION OF MOLD ON YOUR PROPERTY. ANY MORE GOOD ADD ON'S TO COVER ONES BUTT
Ok here is the from I carry with me
My letter head at the top
Insured_________________Date______
This letter is to ensure that you fully understand and acknowlege that UNITED SERVECE ADJUSTING has explained your coverage and conditions,that you are required to do to protect your property regarding your POTENTIAL (WATER) damage under your insurance policy with______________. You should be aware that (your policy contains a condition) requiring you to protect your property from further damage, make reasonable and necessary repairs to protect the property and keep a record of necessary expenditures.
Under your policy conditions, it is your responsibility to take immediate, affirmative steps to prevent any growth or accumulation of (mold) on your property. Typically, controlling the climate,I.e., temperature and level of moisture in the building can prevent the growth of mold.
You may need professional cleaning and restoration company to respond to you (potential water damage).
Should you fail to comply with this policy condition,we will not be able to provice coverage for any loss or damage resulting from the presence or accumulation of mold on your property.
UNITED SERVICE ADJUSTING HAS EXPLAINED ALL OF THE ABOVE CONDITIONS AND DANGERS OF (POTENTIAL WATE DAMAGE CLEAN UP UNDER MY POLICY WITH
___________________. BY SIGNING THIS LETTER I ACKNOWLEDGE THAT I UNDERSTAND ALL OF THE ABOVE AND IF I HAVE ANY QUESTIONS I CAN CALL UNITED SERVICE ADJUSTING AT 218-390-7625 OR MY INSURANCE COMPANY DIRECTLY
INSURED:_________USA ADJUSTER_______________
DATE OF LOSS:____________ CLAIM NUMBER:________________
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UNITED SERVIEC ADJUSTING |
Edited by - USADJUSTING on 09/26/2002 13:09:47 |
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CCarr
Canada
1200 Posts |
Posted - 09/21/2002 : 21:39:08
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John, this is an interesting item that you have brought to the table.
You want the insured to sign "your" letter (i.e. it doesn't carry the letterhead of either the vendor or carrier), your form letter that acknowledges you have informed the insured of a portion of their duties under their policy.
For sure, a classic CYA. However, I think there may be a couple of "buts". First that comes to mind, is Alan Jackson and what his brethern in those other pair of shoes may think - of a letter itself, then the content, then the purpose. I would tend to be real concerned if the letter informed them of just one additional "thing" to do that is not specific to their wording, or didn't use the exact policy language; what may be the interpretation of your actions in that regard?
I think you have raised legal issues that may have a consequence resulting from your desired course of action. I certainly don't have the answer, but I do know that if I was the carrier, I would want to know and be able to review any non-standard form or letter a field adjuster (staff or vendor) may be wanting to use.
One thing that comes to mind, due to the specific nature of your letter and its use of policy language (and maybe more), is that if it could be interpreted somewhere up the line - culminating in litigation - that since you took the trouble to emphasis certain conditions and requirements and have that acknowledgement "signed off", that the inference would / could be drawn that other conditions and requirements of the insured were of no further consequence and hence perhaps no longer enforceable?
I don't know John, I see what you are trying to do, and I can understand why; but I would be concerned with how those actions would be interpreted and affect other policy wording.
Alan, get in here on this interesting item, while you wait for the input on your mold scenario. |
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ALANJ
USA
159 Posts |
Posted - 09/21/2002 : 21:52:01
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They would have a lot to say about such a letter. The first thing that comes to mind is quite interesting. What did the adjuster do after getting the letter signed? The letter as worded sounds like it invokes coverage. Are you going to give the insured 5K for a IH? Or are they suppose to foot the bill? Are you going to tell them what a IH is? Are you going to front ALE? This letter could impose an additional duty on the company. It is my opinion that such a letter (could maybe) open a can of worms. Tread softly my friend. I would get the local defense attorney to draft any such form letter. You can always point to him if things go south.
One good thing to point out. 99.99% of all lawyers do not have a clue what to do with a mold claim. 99.99999% percent could not explain a HO policy or tell you what's covered or not. Strange but true. |
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Newt
USA
657 Posts |
Posted - 09/22/2002 : 10:37:58
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Mold is for the most part a predictable occurance. The only proven protection against E&O is documentation.
If there is adaquate ventilation, moisture control and uv there will be no mold. Knowing what to look for, conditions and documentation will cut down on mold claims.
Here a some guide lines:
# Photograph the foundation, complete.Use tape to show distances.
* Measure vent locations on all elevations.
A. a vent should be within 10 feet of all corners.
B. vents should be 15-20 apart on all elevations
even if a vent well has to be installed.
C photograph grade, drainage and if there is possibility
of runoff getting uner the structure.
D. If the structure has a crawl space and the soil is moist, heat and forced
air should be applied, then the soil should be covered with plastic over
at least 75-80% of the crawl space area.
E Check for plumbing leaks.
F Insure all air conditioner drains exit the footprint of the structure.
G Check all duct work for missing insulation.
H. Leaks of gutters can cause outside mold in shaded areas. The down spouts
should deflect water away from the structure.
I. One serious problem overlooked is the addition of soil, mulch or other material
that blocks off the breather holes on the lower courses of brick of a brick vaneer structure.
J. check and photograph all recently cut down trees near the foundation. Tree roots
can act as a wick to draw water under the structure and also give subterreranean termites a point of entry even though the stucture
may have been treated. Termite build mud tubes and must bring up
ground water to keep them moist. As they eat the wood,they have to keep
the passage ways moist in the wood also.
K. while inspecting the roof also check the attic vents and if you
can get into the attic ,see if any leaks exist or have existed.
Now that you have the guidelines, its not an easy task but it has value, It would be valuable to the carrier, whether they would agree, remains to be seen. It may require as many as 20 photos and sometimes three pages of notes and a graph showing previous and present problems. I would expect this service would be worth somewhere in the neighborhood of 125.00 and the reason so cheap, the IA is also going to benefit if he is smart and keeps a cd of this report. When you get through give the owner a copy if you wish, tell them what you found and they will understand you have documentation of problems. If there are no problems there will be no mold. |
Edited by - Newt on 09/22/2002 10:45:44 |
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CLAIMSRUN
USA
6 Posts |
Posted - 09/23/2002 : 16:47:02
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newt, does the fact that the vents are at the right spacing mean that the air draw is sufficient? turbines or 1sf round or 1\2sf square, same spacing on cornice vents?
does 1sf per 175 sf of living area mean any thing? does it take twice as many for two story
ron rhodes |
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Newt
USA
657 Posts |
Posted - 09/23/2002 : 21:16:18
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Not so much spacing as placed, odd shaped structures may need more to insure cross ventilation.
One problem I found on the older homes that have had many additions and have the original foundations still intact blocking the circulation. This requires some one get under there with a jack hammer and make some holes. These new Temp Vents are a caution too. In winter they close off and it rains . In the summer the air conditioning ducts which are not insulated very well, you could raise catfish under there .
Mold is not the serious problem in the attic as it is in the crawl space. The problem in attic space will usually be caused by a roof leak. And even if is vented it will still get mold.
Ron I go by your neck of the woods a couple of times a year on my way to Mo. I live down just SE of Talladega in the sticks, about seven miles to a small town. |
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6watcher
USA
1 Posts |
Posted - 09/26/2002 : 03:37:15
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In response to "wording" for an insured to sign indicating certain aspects of the policy has been explained is beyond the scope of the independent unless authorized by the carrier and hence should issue the proper forms they want signed. I believe the responsibility of explaining coverages and such is done by the carrier adjuster assigned to the file, at least in theory. However, when required to issue such letter, I include the below at the end of all letters and provide for you examples of their use,
Full denial:
" Although the cause(s) of loss outlined in this letter are not covered under this policy, as a homeowner, you are now aware of these problems. These problems, if left unrepaired, treated or remediated in a timely manner could cause further damage to your dwelling and property. It is therefore your duty as a homeowner to address these problems in a prompt manner to mitigate further damage to your dwelling. Please keep all your receipts after the repairs are completed for your records. "
Partial denials:
" Although your claim is only partially covered under this policy due to the reasons stated above, you are now aware of the problems which are causing damage to your property. These problems, if left unrepaired, treated or remediated in a timely manner could cause further damage to your dwelling. It is therefore your duty as a homeowner to address these problems in a prompt manner to mitigate damage to your dwelling. Please keep all your receipts after the repairs are completed for your records. ""
Under the deductible:
"Although this loss is under your policy deductible, you are now aware of the damages to the dwelling. It is your duty as a homeowner, and under this policy to mitigate further damage to the dwelling by repairing the damages in a timely manner. Please keep all your receipts after the repairs are completed for your records."
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JSVenning
USA
22 Posts |
Posted - 09/26/2002 : 07:50:46
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As a matter of interest, check out last Sunday's Houston Chronicle. It has a story saying the Texas Medical Association released a study showing no connection between mold, even stachy, and disease. None. Nada. Zip.
TMA seems to think it is a dead issue. |
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JSVenning
USA
22 Posts |
Posted - 09/26/2002 : 07:55:53
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Here's the link to Texas Medical Association's web site: http://www.texmed.org
The official report on mold findings is there.
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JimS
USA
9 Posts |
Posted - 09/28/2002 : 10:41:26
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| FWUA has a great mold letter, to be used in FLA You can access it at www.fwua.com |
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MOLD/LETTERS
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