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SUE landlord's insurance company for mold?


I moved into a rental property 4 years ago. Our move in was put on hold due to an extensive plumbing leak in a unit above us. I became very ill with respiratory problems months after moving in. I have had pneumonia 4 times, at 33 developed asthma, and have severe hive outbreaks, all of which are ruining my life. I did find out that I am allergic to mold. There was nothing visible, and an air test came back as having mold spores in the house, but not in quantities that should pose a health risk. On Friday, I removed some kitchen tiles because our landlord was coming the following day to retile the kitchen and I wanted to help (with his permission). There is EXTENSIVE mold under the tile, through plywood and on tile under the wood. He covered it with plastic and insurance adjusters are coming tomorrow. He has been 100% cooperative, but I think the problem arose from inadequate cleanup after the initial pipe break before we moved in. My question is, can I sue his insurance

Can I sue his insurance company for the 3 1/2 years of hell I have delt witth? I have missed work, lost my job, missed school, and been very ill. The allergic reactions are systemic and I have been in and out of the hospital due to the severity. Again, my landlord has helped every way he could, but I think this was due to the insurance company cutting corners. What do I do now? Can I be compensated? I really feel someone should pay, I am not a greedy person, I want a message sent that things like this are not okay! I also do not want to harm my landlord in anyway. Does anyone have any advise? I live in New Jersey if that matters.
Thank you!

Maybe this will help.

Mold: Tenant/Landlord Issues
Excessive moisture in a dwelling can contribute to discomfort and aggravate respiratory conditions such as asthma. When moisture problems occur in rental properties, conflicts may sometimes occur when trying to correct them. You should always give your landlord the opportunity to correct building defects and should immediately notify your landlord when you notice moisture problems. Alternatively, as a tenant, you have the responsibility to immediately repair moisture problems for which you are responsible.
Prior to entering into a lease:
Carefully inspect the apartment for evidence of moisture problems such as stained carpeting, water stains on walls or ceilings. Pay close attention to plumbing locations. Take note of musty odors. If you or other residents have asthma or other respiratory conditions, you may wish to avoid units with evidence of water damage, older carpeting, smoking and slab-on-grade or below-grade units which may have higher relative humidities.
Manage Moisture and Allergens:
Maintain humidity below 50%. Using air conditioning or a dehumidifier will help.
Manage insects which can be a significant source of allergens.
Vacuum frequently, preferably with a HEPA vacuum (a HEPA vacuum has a filter capable of removing particles as small as 0.3 microns at 99.97% efficiency).
Refer to mold guidance if you have moisture damage or encounter mold, by clicking on the links above.
Resolving Conflict:
While dampness and mold are typically not written into local housing ordinances, landlords do have a duty to keep premises in a reasonable state of repair and to make necessary structural repairs. Tenants have certain rights where conditions in the premise materially affect health or safety of the tenant. (Wisconsin Statutes 704 Landlord and Tenant (http://www.legis.state.wi.us/statutes/St... ) (exit DHFS)
In resolving conflict, you should always first contact your landlord and describe the condition you are concerned about. Familiarize yourself with the information found in the Resources link above. Document the condition in detail including photos, date, time, who you notified and when.
Contact your local health department and/or housing/building inspector and describe the mold and/or moisture condition you are concerned about. Either authority may be able to help confirm the problem and recommend an appropriate remedy.
If no resolution:
If a mold or moisture condition has been verified and a landlord fails to correct it, you may file a complaint with the Department of Agriculture Trade and Consumer Protection (DATCP) (exit DHFS). They can be reached at 800-422-7128.
When considering questions about lease agreements, it would be wise to first seek legal assistance prior to taking any action on the lease or witholding rent. (For assistance identifying legal aid sources, you can clink on the links below:
Judicare: http://www.judicare.org/wils.html) (exit DHFS)
Search Wisbar: http://www.wisbar.org/lawyersearch/ (exit DHFS)

with an attorney, you can try.

i doubt you have much chance though -- you knew the mold had been there and thought it was cleaned up, same as landlord thought. further, you thought that mold wasn't a health issue for you.

the opposing attorney is going to argue that 1) you knew, and 2) mutual mistake of fact, and 3) you believed .. all of which means that his client isn't liable.

now, you may win anyway. much depends on case law in your jurisdiction [where are you?] and how good your attorney turns out to be.

No. You can't sue the insurance company. The insurance company has a contractual obligation to the landlord to provide coverage for certain occurrences. You are not in privity with the insurance company and therefore would not have a claim. Further, the insurance company did not fix the leak or doi the clean up. They paid a contractor to do it.

Do you have a claim against the contractor for negligence? Maybe. Do you have a claim against the landlord? Probably, even though he is being nice to you. He would likely be covered by his insurance company for your claim against him, so it is really a round about way to get at the insurance company.

You should get an attorney and see what your options really are.

vegas76 has the correct answer.

if a pipe burst, it's not an insurance company employee that comes and attends to the problem it - it's a plumbing contractor. the insurer is merely the cheque book.

if the contractor did not do a proper job / clean up, then it's the contractor that is to be sued, not the insurer. the plumbing contractor should have their own liability insurance.

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