When a roof is damaged due to hail snd the insurance company failed to fix it on time which resulted to dangerous mold development in the house and the insurance company refuse to pay for mold removal. What do I need to do about this issue???

The insurance company refused to pay for mold removal that developed due to their very long delay in replacing my roof after hail damage. It almost seven months before my roof was replaced but before than, molds developed due to water licking into the house from the hail damage. They refused to pay for the repair to remove molds. I sent nearly $13,000 to solve the mold issue. I need help to get my money back from the insurance company

Asked on October 4, 2017 under Insurance Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It may be very difficult to prove the insurer is legally liable, or resonsible, for the mold and costs. The insurer pays for damage for covered claims; it does not itself make the repairs or secure the home more damage. Rather, the homeowner is responsible for taking steps to prevent further or more damage to his/her own property,  and may have to pay for temporary (or permanent) repairs in advance of getting the money from the insurer to prevent continuing losses. Because the insurer's only obligation is to pay for the covered loss, but it is your responsibility to make sure nothing further happens (e.g. if a robber kicked in your front door, you could not leave you home unsecured until the insurer paid for the damage; rather, you'd have to board up that door or put a new door in and worry about the money from the insurer later--if you failed to do so, you would be responsible for the consequences), it is very unlikely that you can hold them legally liable for these amounts.

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