Legal Question in Business Law in California

We have a Terminex Termite Protection Plan since 2003 which covers termite damage during the time under contract with them. My contractors found termite damage found under cement and wheather coating. Terminex is refusine to pay for the damage as they say they need a "live termite" at the damage site to prove it is new damage. Our contractor says the damage looks about 3 to 5 years old. Neither Terminex or our HOA have copies of the original contract. Is this legal or is their response considered unconsianable? I have read many Terminex lawsuits, but I could not find a case that specifically addresses the legality of a "no termites at site" clause.Type Your Question Here...


Asked on 9/25/21, 8:21 am

1 Answer from Attorneys

Timothy McCormick Haapala, Thompson & Abern, LLP

Well it certainly is not unconscionable. Such a clause would be legal. The question is what exact terms of which contract applies. The burden of proof in a lawsuit would be on you.

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Answered on 9/26/21, 9:29 am


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