Legal Question in Insurance Law in California
Insurance carrier is wrongly accusing me of having a meth lab
Nine months ago I accidently started a grease fire.The fire dept & arson investigators determined the cause of the fire accidental.The day after the fire the insurance co stated that 100% of the contents inside had been destroyed due 2 excessive heat, smoke and water damage.Results of the initial testing showed that the levels of asbestos, lead, mercury and carbon were low and safe for remediation.
A month later we were mailed the results of a meth-lab analysis report that was performed.This report showed results that R higher than the allowable levels.Surely this claim is false!
I have done extensive research & know that the testing company was not qualified 2 do so & the tester himself is not certified or licensed by the state of CA.Reviewing the chemical-related compounds that make meth, I now realize how many common cleaning products and Rx meds R used.This is alarming as we had many of the items listed stored in the kitchen-on each side of the stove where the fire began.
Has this occurred elsewhere or am I setting an example?I have 2 think that because of the chemicals in my kitchen, the results could mimic those of a test for meth chemicals.I have no criminal record nor do I or anyone in my family manufacture meth!
2 Answers from Attorneys
Re: Insurance carrier is wrongly accusing me of having a meth lab
Has the insurer denied the claim stating you were engage in illegal activities? If not, what grounds did the denial letter(s) state? Did you respond, or send copies of the fire/arson reports? You may have only one year from the date of the loss (excluding the time from submission to denial) to file suit, so you might consider going to a lawyer sooner rather than later.
Re: Insurance carrier is wrongly accusing me of having a meth lab
I don't see an actual question and so all I can do is comment that our office has seen a number of difficult insurance cases recently that make you feel like it is a fight to get a fair payment. If you feel that the insurance company is not investigating properly or processing the claim promptly and in good faith, you should contact an attorney.
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