MOLD ASSESSMENTS
INDOOR AIR QUALITY
INDUSTRIAL HYGIENE
A major factor influencing Florida's property insurance woes has to do with the cost of handling claims and the cost of insuring properties. But this factor isn’t as simple as you may have heard. It involves many parties and many variables. In this blog I want to touch on a few examples of things that have led to Florida’s property insurance woes.
Fraud & Abuse:
You’ve probably heard that the cost of handling and processing insurance claims in Florida has been inflated due to the increase in lawsuits brought against Insurers by opportunistic lawyers. It’s been all over the news. And, sure, that’s a problem. But it’s not the only source of fraud and abuse. Here are a few examples that I’ve seen during my career in legal peer-reviewing and expert consultations and testimony:
1.) During my work on various hurricane claims, I witnessed many lawyers, with financial investments in restoration, remediation and/or assessment companies, handling claims that their sister companies (i.e., those restoration, remediation and/or assessment companies) were hired – sometimes by the law firm, itself. This is, obviously, a conflict of interest, and has led to predatory requests by these lawyers. When such requests come in, Insurers rightfully question the validity of those requests and have a right to have the claim investigated by competent persons to determine which of those requests are legitimate and which are not. This has the effect of (1) prolonging the beginning and end of the claim, (2) increasing the cost of the claims handling process (an increase that is passed on to Policy Holders in the form of increased premiums and/or an increase in policy exclusions (i.e., less policy coverages)), (3) potential risk to occupants of being exposed to environmental stressor (e.g., mold and bacteria) during the mitigation and settlement processes, as they may be asked to remain in the home or office during these processes, (4) on-going building degradation (i.e., secondary damages), (5) out of pocket expenses for the Insured to prevent secondary damages (e.g., mold colonization and building degradation) and relocation costs (e.g., staying in a hotel while waiting on a settlement), and (6) other negative outcomes.
But not all lawyers practiced this conflict of interest. For as many that I witnessed who did, there were three others who didn’t. And for those that did there were those who worked at those restoration, remediation and/or assessment companies who were doing the bidding of the lawyer (i.e., the lawyer wasn’t acting alone). Which brings me to my second example:
2.) I’ve performed thousands of peer reviews of mold assessors, mold remediators, and structural drying technicians’ work, reports, estimates, monitoring logs, communication logs, etc. While most companies in Florida are attempting to provide a professional service, there are many who are engaged in fraud and abuse. Here’s a couple of examples:
i) In Florida there are mold assessors who primarily work for insurance companies. Their work has been shown to be centered on providing “evidence” for Insurer denial of the claim. In some of these cases, the assessor is a person who used to work in insurance claims (e.g., adjuster or “corporate insurance” (as one guy explained his background to me)), in other cases they’re assessors who lack any other education than that required to work on insurance claims (i.e., they lack the competency to provide for the project without bias). How do I know this? I’ve worked legal cases where, through discovery, templates, communication logs, and examination of the assessor’s training proved these things existed.
ii) For each mold assessor that I’ve witnessed working for the Insurers, there’s one that focuses on providing services to public adjusters, lawyers and/or restoration or remediation companies; assessors who are focused on inflating the cost of the claim for their client(s). And not just assessors, restoration technicians, mold remediators, structural drying technicians, etc. do the same. One such assessment company is owned by a guy whose brother owns a restoration company. Together, they pass work back and forth to help the other profit from the insurance claim.
iii) There are many mold assessors, mold remediators, structural drying technicians, etc. who sign onto contracts with Insurers, lawyers, public adjusters, and others that agree to perform services without regard to occupational safety and health laws, industry-based standards of care, and other important federal, state, and local regulations, codes, and ordinances. One such mold assessor told me “that it doesn’t help anyone to put [containment] requirements in a [mold remediation] protocol, because insurance companies won’t pay for it anyway… so until I see someone enforcing mold remediation projects the way that they do asbestos, I’m not going to write that into my protocols.”
As it pertains to the last three examples, when such behaviors are exercised, property owners, managers, and other occupants as well as other materially interested parties find themselves in the middle of conflict that inflates the cost of the claim, prolongs the claims handling/processing time, and leads to all of the previously mentioned liabilities (in bullet 1).
3.) I’ve been hired by lawyers to consult them through the process of handling a case regarding property insurance claims for over 18 years. Some of these cases were for the Plaintiff’s lawyer and others for the Defendant’s; some were for Insurers, others for Insureds, and others for contractors. During these cases, I get access to discovery and deposition files. I'm, usually, asked by the lawyer to review the files in relation to current federal, state, and local regulations, codes, and ordinances, as well as industry standards of care, then consult I consult with the lawyer on my findings. These cases have involved simple questions of estimate validity to wrongful death cases. During this time, I’ve read communication logs between the insurance adjuster(s) and assigned contractors (e.g., structural drying technicians or water damage restoration technician) that (1) ignored recommendations by the assigned contractor, (2) dictated that the assigned contractor disregard their recommendations and proceed as per the adjuster’s recommendations, (3) instruct the assigned contractor not to communicate their recommendations or the adjuster's recommendations with the Insured, and (4) instructs the assessor to describe their findings in this or that format, regardless the assessment’s findings.
So, as you can see from these examples, the threat of fraud and abuse isn’t something that singularly exists from out of state contractors or opportunistic lawyers. And this doesn’t address other issues that exist during claims handling/processing. In future installments I’ll cover some examples of those. In the meantime, I want to express something that’s very important to me regarding the subject matter: These things exemplify why Cyndie and I organized Gulf Coast Center for Indoor Air Quality Services the way that we did. We don’t sign onto contracts that may compromise our ability to provide honest, scientific analysis or limit our ablity to report our findings; we adhere to the AIHA and ACAC code of ethics; and, we have a strict no conflict of interest policy that will not be ignored by employees or infringed upon by outside parties. We did this to provide Floridians a source for reliable, honest, scientific assessment and consultation services – because that’s what every one of us in this great State deserves, whether Insurer or Insured or contractor, etc. If you have questions about how we can serve you, contact us for a no-obligation review of your circumstances.
E-mail: myiaq@gulfcoastiaq.com
Call Us: 888 762 6322
Gulf Coast IAQ Headquarters
P.O. Box 181138
Tallahassee, FL 32318
All Rights Reserved | Gulf Coast Center for Indoor Air Quality Services LLC