What can you do to cover your losses?

1/29/2020 (Permalink)

• Follow-up with your insurer - Stay involved with your insurer once notice has been given. Even before a lawsuit has been filed, your insurer may hire experts and legal counsel to address the mold claims. You should stay involved with these people, because you likely have knowledge that the insurer, experts or counsel may not have. Ask for regular updates on the status of the claims, and, if possible, accompany counsel and experts to the building when testing or other observations are made, and take notes of the condition yourself. Make sure that you are familiar with the background of the experts retained by the insurance company. If you do not feel that the experts are handling the matter appropriately, demand that the insurer replace them.
• Review your construction contracts and leases - If you are constructing a building, renovating your space or adding to a building, review your construction contracts to make sure that contractors or subcontractors are liable for any construction defects, including defects that may cause mold growth. Review your leases. If you are a landlord, make sure your tenant has obtained the appropriate type and amount of insurance, and ask the tenant to name you as an additional named insured, if possible. Also, make sure that your tenant has agreed to indemnify you for any claims resulting from mold. If you are a tenant, make sure that your landlord is responsible for water damage caused by acts other than your acts to your leased premises, and any mold related damage as a result, including relocation costs. Obtain an indemnity provision from your landlord.

https://www.ehstoday.com/industrial-hygiene/article/21906241/toxic-mold-what-every-employer-should-know

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