Legal Question in Insurance Law in Georgia

My insurance company sent out a water mitigation team after water burst through the ceiling in our living room. The mitigation team tore out the remaining drywall on the ceiling and adjacent wall. They also removed the flooring. When this was done mold was found in the wall. The insurance company told us they would put back the ceiling, walls and flooring (they would not provide this in writing as requested). They will not discuss the mold until an adjuster comes out. Do they have to put everything back and thus remove the underlying mold? Or can they deny just the mold or deny it all? Thanks.


Asked on 6/09/15, 8:58 am

2 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

You are asking us to guess what caused the mold, what your policy covers, and several other important details.

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Answered on 6/09/15, 9:03 am
Ronald Arthur Lowry Ronald Arthur Lowry

They are supposed to fix it all and fix the mold, plus cure the underlying cause of the mold once it is identified. That said, there are always exclusions found in every policy and lately insurers have been trying to deny claims using an exclusion that essentially says that if the damage didn't happen within 14 days or a shorter time, they don't have to pay. Obviously the burst pipe and damage to the ceiling and wall is within 14 days. The mold....maybe not. It may be that it is too difficult for them to differentiate between the water damage and the mold in which case you are probably OK. Let the adjuster look. You have to cooperate with the adjuster or the claim can be denied for non-cooperation. Be aware of that potential 14 day problem, though. DON'T mention this to him, however. It might give him the idea to turn down the claim. Good Luck!

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Answered on 6/09/15, 12:10 pm


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