Legal Question in Legal Ethics in Michigan
I hired a company to install a new furnace. I also hired a company to insulate my crawl space. Now I have a mold problem. Come to find out,the furnace was installed without a cold return air system and the insulation is covering up the vents in the foundation. My homeowners insurance won't cover the mold remediation claiming it was the fault of the improper installation of these things. Do I have any legal recourse?
1 Answer from Attorneys
You may have a cause of action against the companies who installed the furnace and/or the insulation, if either or both were negligent. If your homeowner's insurance has wrongfully denied your claim, based on the terms of your policy, then you may have a viable cause of action against them as well. Have you contacted the furnace or insulation company? You should also review any and all contracts you had with either company.
You will also need an expert to testify and confirm what caused the mold, as I'm not sure who you are relying upon in your question when making your conclusion as to what caused the mold. If this is what your homeowner's insurance company told you, that does not mean it is accurate. In any event, a court would require expert testimony to support your theory of causation, i.e., whose actions caused the mold. An expert may not be able to pinpoint the cause to either contractor, or may have several possible causes, which will affect the strength of your lawsuit, and possibly affect your homeowner's insurance company's liability (i.e., if an expert said the mold was caused by water seapage, completely unrelated to the furnace and insulation, then your HO ins may be liable)..
Put all communications in writing. You need to contact the companies who installed items in your house and alert them as to the problem. If you cannot get appropriate answers or anyone to pay to fix the problem, you should retain a lawyer to review your documents and obtain all facts, in order to provide you a thorough analysis. Should you wish to hire a lawyer, please feel free to contact me.