Legal Question in Insurance Law in California
Can Insurance Company 'force' me back into my home?
My home was water damaged 2 years ago. Insurance company paid Contractor's to replace carpet, drywall, tile, paint, etc. Several month later, mold was found 'growing' in my kitchen. I have been fighting with the insurance company regarding mold abatement for almost 2 years. Finally, they agreed and I have been living in a hotel while the process and testing is being completed. I recieved a voice mail message from my insurance ajuster stating they had a test completed and my home is 100% safe. He also stated I had to move out of the hotel and that the insurance company would not pay for me to stay in the hotel any longer.
Without a copy of a report, I do not know what work or test was completed. I only have the adjuster's statement that they received a clearance report. Can they force me to move back into my home if i do not have a copy of clearance indicating that my home is safe?
2 Answers from Attorneys
Re: Can Insurance Company 'force' me back into my home?
No one can force you to move back into your home. You can stay at the hotel forever, if you want. The only question is who pays for it. If the work is completed and the house is safe, you will have to pay. If not, the insurance company will.
Ask the claim adjuster for a copy of the clearance report. He should be able to fax it to you and then you decide what you want to do.
Re: Can Insurance Company 'force' me back into my home?
Why don't you ask the insurance adjuster to fax or mail send you a confirming letter stating the status of your claim and the repairs, and attaching the report from the remediator(s). You can then have the proper information to give to your own "expert" if you want your home checked out before you do all of that moving. This needs to be done right away since if the house is truly OK, your ALE benefits will cease.
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