Legal Question in Insurance Law in Florida

Outdoor pesticides were sprayed inside our home

The inside of our home was sprayed with an outdoor only pesticide. The insurance company is going to replace our furnishings and have the interior gutted. This is going to take approximately 6 months. We have to rent furnished apartment for those 6 months.

According to the insurance company, my family is ''third party.'' The ins. comp. is the first party; the pest control comp. is the second party; we are the third. It is the ins. comp's policy that third party claims are not paid until settlement is reached. I simply cannot afford to pay the mortgage and the rent, plus the utilities on both places. I am alone with three small children. The insurance company said they would re-imburse my renting expenses at the time of settlement. They will write only 1 check to me.

If they considered me to be the first or second party, they would pay my rent and utilities monthly.

This just doesn't make sense to me. I feel like they are squeezing me to make aquick settlement with them.

Thank you for any advice you can offer


Asked on 4/29/03, 10:38 pm

1 Answer from Attorneys

David Slater David P. Slater, Esq.

Re: Outdoor pesticides were sprayed inside our home

I would have to read your insurance policy to determine when payment is to be made. Since this will be an ongoing problem payments should be made ongoing unless the policy differs.

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Answered on 4/30/03, 2:39 am


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