Help with Mold Infection Case (1 Viewer)

[Maxp]

Recently, a family member of mine was diagnosed with a mold infection in her body due to insanely high levels of aspergillus mold in her house. She has swelling in her brain and respiratory problems. The remediation specialist believes the mold is a result of her ac systems being too large for her house. The home is a 2200 square ft shotgun double(converted into a single family) with two 3 ton ac units, which she was sold a year ago. We believe my family member was up sold on much larger capacity than what her home requires causing the moisture level in her house to rise creating this mold problem. Now she is no longer able to even enter her house until the mold can be remediated. Do any of our insurance people or attorneys think she has any kind of case against the AC company which installed and sold the AC units? My family member is convinced this is the course she needs to pursue and non of us believe anything but money lost will result from it. This woman is older and on a more limited income so we don't want her to waste money when she is already looking at substantial costs to fix her home. Thanks for the help.

 

[efil4stnias]

Recently, a family member of mine was diagnosed with a mold infection in her body due to insanely high levels of aspergillus mold in her house. She has swelling in her brain and respiratory problems. The remediation specialist believes the mold is a result of her ac systems being too large for her house. The home is a 2200 square ft shotgun double(converted into a single family) with two 3 ton ac units, which she was sold a year ago. We believe my family member was up sold on much larger capacity than what her home requires causing the moisture level in her house to rise creating this mold problem. Now she is no longer able to even enter her house until the mold can be remediated. Do any of our insurance people or attorneys think she has any kind of case against the AC company which installed and sold the AC units? My family member is convinced this is the course she needs to pursue and non of us believe anything but money lost will result from it. This woman is older and on a more limited income so we don't want her to waste money when she is already looking at substantial costs to fix her home. Thanks for the help.

I'm confused. I thought ac removes moisture by reducing humidity?

As for insurance....kinda tricky here. One....does the ac company policy cover design aspects? Does it have a mold/fungi exclusion? (many today do).

At the very least you can request a Certificate of Insurance from the AC company and file claim against their carrier.

Was the AC company notified when this was first discovered? Did they notify their carrier?

Lots of questions here...but regarding insurance, there is a time element involved along with notifying the carrier of a claim.

If policy has mold/fungi exclusion, they may deny on that basis (among others) . Lots of variables here that legal representation will be able to sort out if AC company is uncooperative.

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[BlackandGoldXLIV]

Cold reduces humidity/moisture and mold.

Not sure how a bigger A/C unit can cause mold. But I am no expert.

Can someone explain this?

 

[DavidM]

I'm confused. I thought ac removes moisture by reducing humidity?

My understanding of the explanation when I was getting an AC issue resolved is that too big of a unit for the square footage cools the house too quickly and doesn't adequately dehumidify the air.

 

[Maxp]

My understanding of the explanation when I was getting an AC issue resolved is that too big of a unit for the square footage cools the house too quickly and doesn't adequately dehumidify the air.

This is what I have been told by my AC guy. My house is about the same size give or take 100 square ft and i have a single 3 ton unit. I don't know what she had previously, but it was an older freon system.

 

[Maxp]

I'm confused. I thought ac removes moisture by reducing humidity?

As for insurance....kinda tricky here. One....does the ac company policy cover design aspects? Does it have a mold/fungi exclusion? (many today do).

At the very least you can request a Certificate of Insurance from the AC company and file claim against their carrier.

Was the AC company notified when this was first discovered? Did they notify their carrier?

Lots of questions here...but regarding insurance, there is a time element involved along with notifying the carrier of a claim.

If policy has mold/fungi exclusion, they may deny on that basis (among others) . Lots of variables here that legal representation will be able to sort out if AC company is uncooperative.

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The home owners policy has a mold exclusion unless caused by a plumbing leak in the walls. I don't think the AC company has been notified yet. My family member's physical condition has been deteriorating pretty rapidly and we are finally figuring out why. Now we are trying to figure out the best course going forward.

 

[mb504]

The home owners policy has a mold exclusion unless caused by a plumbing leak in the walls. I don't think the AC company has been notified yet. My family member's physical condition has been deteriorating pretty rapidly and we are finally figuring out why. Now we are trying to figure out the best course going forward.

The company's CGL policy likely also excludes liability coverage for mold. Is the AC company large enough to pay an uninsured judgment?

 

[efil4stnias]

The home owners policy has a mold exclusion unless caused by a plumbing leak in the walls. I don't think the AC company has been notified yet. My family member's physical condition has been deteriorating pretty rapidly and we are finally figuring out why. Now we are trying to figure out the best course going forward.

Ok well then first thing is to put AC company on notice. Ask them for a copy of their Certificate of Insurance to know who their carrier is.

Like I said many General Liability policies now exclude mold/bacteria/fungi and the exclusion ties in with the pollution exclusion.

But what you need to do is notify the ac company

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[Maxp]

Ok well then first thing is to put AC company on notice. Ask them for a copy of their Certificate of Insurance to know who their carrier is.

Like I said many General Liability policies now exclude mold/bacteria/fungi and the exclusion ties in with the pollution exclusion.

But what you need to do is notify the ac company

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Alright, I'll pass that along. Thank you.

 

[SaintsJunkie]

Let's blame someone other than ourselves. Should have checked for mold I guess. Don't be a child. Take responsibility

 

[Maxp]

Let's blame someone other than ourselves. Should have checked for mold I guess. Don't be a child. Take responsibility

What are you getting at? She should have checked the house she has lived in for nearly two decades without any mold issues, including after being without power for months after Katrina, for mold? The mold remediation specialist and a different HVAC contractor both believe the new AC systems are the root of the issue. I believe them, just don't think it is a case she can win. So who shouldn't be a child?

 

[DavidM]

What are you getting at?

It was a ridiculous kneejerk comment.

You responded to it better than many would have. Kudos to you, Max.

 

[efil4stnias]

Let's blame someone other than ourselves. Should have checked for mold I guess. Don't be a child. Take responsibility

blame ourselves for what? didnt install the AC. Didnt recommend the AC. Didnt explain the consequence of OVER-SIZED unit and the issues it causes.

TO OURSELVES.

not too brite, is ya?

 

[BHM]

I think you will have a hard time faulting the ac company. Calculating ac size is more complicated than just using square footage. A Manual J or heat load analysis should have been done wbich factory in variables such as amount and type of insulation, window ratings, number of door and windows and other items.

I have 1800 sq ft with a four ton unit and I should have gone a little larger but we like it COLD. Did she ever complain about uncomfortable humidity levels? DTC may chime in on this one but if it was that humid in the house it should have been noticeable.

And what if she just never ran her ac? She will have to prove that she ran it on a daily basis.What was she setting the thermostat on? You said she is on fixed income, did she cut back on running the units to save money? Just being the Devils advocate but sounds like a hard case to win.

Hope she gets better soon.

 

[Maxp]

She definitely ran both systems ask the time. A heart load analysis has been done room by room. The mold contractor won't even start until the AC situation is fixed. Basically, one unit will cool the house. She is semi-retired and may need to quit her job until she can recover.