Legal Question in Insurance Law in Indiana

aug 2012 my house was severely damaged by water from faulty plumbing. extensive mold remediation exceeded the $5,000. of my insurance allowance; i had to pay $3,400. The plumbers' insurance company and mine settled for about $55,000 for my insurance company but did not collect my out-of-pocket money because of a clause in the plumbers' insurance policy that prohibited paying for mold damages. my questions are: 1. what is the prospect of me collecting my $3,400. by filing a direct claim with the plumbers insurance co? 2. If not #1, should i file a claim against the plumber for the $3,400? If no. #2, should I do it in small claims court personally or get an attorney who will then be entitled to a portion of the money.

my family was out of our home for more than a year and my disabled daughter suffered severe deteriotion of her mental condition as a result of the disruptions. final question: would i be entitled to any additional compensations connected with this, and if so, what are the basis? Thank you for any help you can give. Garlidene W. King

Asked on 2/15/13, 9:23 am

1 Answer from Attorneys

Kenneth Wilk Rubino Ruman Crosmer & Polen

IF you have settled with the plumber's insurance company, your claim is ended. You have no further recourse against the plumber.

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Answered on 2/18/13, 4:50 pm

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