Toxic Mold Claims

Toxic mold claims often arise when materials inside a person’s home are damaged from water or flooding and mold spores grow as a result to the water exposure. Toxic mold is more hazardous to a person’s health than typical mold or mildew growth because it produces chemicals called mycotoxins. Although mold is usually black or green in color it is usually not identifiable except by trained professionals.

Toxic mold exposure can result in a variety of problems, including health issues, the cost of clean up to the home and the expense involved with repairing any damage to the structure of the home.

If your toxic mold claim has been unlawfully denied or your insurance company has acted in bad faith, it is important to hire a knowledgeable Tampa insurance lawyer.

Tampa Toxic Mold Claims Lawyer

Toxic mold is toxic and can cause serious health conditions with prolonged exposure. If your insurance policy covers toxic mold claims, then your insurance should cooperate and provide the coverage they promised. Unfortunately, some insurance companies will do anything possible to minimize the value of your claim. If you’re having issues with your insurance company, we recommend you get in contact with Germain Law Group, P.A..

Contact the Germain Law Group at (813) 835-8888 for a consultation about your toxic mold claim in Tampa, Florida. Attorney Michael B. Germain is knowledgeable in all areas of Florida’s insurance laws and is experienced in all aspects of damage from mold claims. Call the Germain Law Group today about your property damage claim or claim denial throughout the areas in Hillsborough County, Pinellas County, Polk County, Hernando County, and Citrus County, Florida.

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What is Toxic Black Mold?

You’ve probably heard the words “mold” or “toxic mold” in your lifetime, but do you actually know what mold is? Mold is a type of fungi and it grows in multicellular structures known as hyphae. Black mold’s scientific name is Stachybotrys chartarum and it’s known for its dark black or sometimes green color. This type of mold is commonly found in dark moist places like attics, bathrooms, and under the sink.

Black mold releases mycotoxins which are a toxic chemical. These toxins are present in mold spores when released in the air and are often inhaled when humans are exposed. Mold in any capacity is hazardous to your health, but black mold is particularly dangerous. It can trigger severe allergic reactions and with enough exposure could cause pneumonia.

These toxic spores can also affect a person’s mental and neurological state. Trichothecene mycotoxins are sometimes produced by black toxic mold and they are considered neurotoxic. What this means is when inhaled/ingested the toxins attack the neurons in the brain. In the end, exposure to this type of mold could destroy a person’s mental capabilities. It can even result in nervous system disorders like tremors or drastic personality changes including mood swings and irritability.

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Toxic Mold Insurance in Florida

Some insurance companies may cover mold claims depending on what caused the mold. If your insurance provider covers the cause of the mold in your specific policy they will have to cover any damage resulting from the mold. Homeowner’s property insurance policies in Florida usually do not cover damage from water exposure or flooding. Therefore, if your mold claim arose from water damage, then your insurance policy will probably not cover  the cost of any damages. It is important to examine your insurance policy for the types of damage covered by your policy and whether any provisions exist that specifically exclude mold damage or the cause of the mold damage.

Many insurance companies will attempt to dispute the cause of the mold and try to prove it was caused by something that is excluded in your insurance policy. It is important to hire an experienced insurance lawyer to help you prepare for any disputes or unfair actions taken by your insurance provider.

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Filing a Toxic Mold Claim in Florida

When filing a claim under your homeowner’s insurance policy, it is important to immediately call your insurance attorney to ensure you provide the correct information to your provider. Once you have discussed the situation with your attorney and determined your best course of action, then you should contact your insurance company. However, it is essential to not delay this process as there are statutes of limitations in place for filing property damage claims. A statute of limitations (SOL) is the maximum time allowed for a claim to be filed. If an individual tries to file a claim after the time limit has passed, their claim will be barred.  The SOL for most claims arising out of damage to property in Florida is four years according to Fla. Stat. § 95.11.

It is also important to keep photos and videos of the damage when it was first discovered and throughout the entire process, in addition to documentation of any conversations made with your insurance provider and any receipts from repairing the damage. Your insurance provider will attempt to dispute the cost of repairs and assert the damage is not extensive. The evidence you keep will better help you to recover for what you are entitled.

Your insurance policy may also require you to mitigate any further damage to your property. If additional damage occurs to your property and you could have prevented it, your insurer may deny your entire claim.

A new law in Florida allows insurance companies to withhold payments for any home damage until the repairs have been made in certain insurance claims. This means the policyholder is required to pay for the damage before their insurance company will reimburse them for any repairs.

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Denial of Toxic Mold Claims in Tampa

Insurance companies will find many reasons to deny a claim for damage resulting from toxic mold. These reasons can usually include the cause of the mold was not covered by the policy, required information was not disclosed to the insurance company, the claim was fraudulent, or premiums on the policy were not timely paid.

After your claim for toxic mold has been denied, the insurance company must provide you with notice of the denial explaining the specific coverage that is denied and the specific reasons for the denial of the coverage. Additionally, if your insurance company is delaying payment of the claim or processing the claim, they may be acting in bad faith.

It is important to hire an experienced insurance attorney if your toxic mold claim was wrongfully denied or your insurance provider is acting in bad faith. After your claim has been denied, your attorney will help you proceed with any other necessary legal action.

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Additional Resources

Facts about Stachybotrys chartarum | CDC – Visit the official website for the Center of Disease Control and Prevention (CDC) to learn more about toxic black mold also known as Stachybotrys chartarum. Access the site to read answers to common question about black toxic mold, how to control mold, basic facts about mold and dampness, and more.

Mold 101 | Poison Control – Visit the official website for the National Capital Poison Center, also known as Poison Control. Access the site to learn what mold is, the health effects after prolonged exposure, how mold can affect people with asthma, how to prevent mold, and other important information.

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Toxic Mold Attorney in Tampa | Germain Law Group, P.A.

Contact the Germain Law Group today for a consultation about your property damage claim from toxic mold in Hillsborough County, Pinellas County, Brevard County and Manatee County. Michael B. Germain is a knowledgeable Tampa insurance claims lawyer who will listen to the facts of your situation and help you determine the best recourse in pursuing your mold damage claim. Contact the Germain Law Group at (813) 835-8888 for a consultation about your property insurance claim denial throughout Central Florida, including Tampa, Sun City Center, Hunters Green, and surrounding areas.