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I am a 62 year old senior citizen that has has been ill. I was sick in bed the day my front bath pipe sprong a leak under the front bath sink. My neighbo called to inform me of the leak.

My condo insurance is refusing to fix my basement after water damage from the bathroom sink up stairs. The leak damage a small area of the basement ceiling and soaked the carpet/wpadding. I call a Restoration comp. to extract the water, spray anti-microbial spray and put down dryers. This was a personal emergency call to the restoration comp. and I paid them out of my pocket.

My insurance campay said they can't replace my carpet because I had water damage last year from my neighbor and the carpet should have come up then. I told them it makes no sense. Water once, carpet does not need to come up. Now, after second time being soak, it should come up. The basement smell, and may be molding. I am sick and I feel bad (throst, nose, eyes) when I have to go down there.

Submitted: 103 days and 3 hours ago.

Category: Legal

Value: $28

Status: AWAITING CUSTOMER ACTION

State/Country of Question: Michigan

Already Tried:
Senior, 62, sick, under doctor's care. In bed when condo neighbor called to report leak streaming down. Pipe under fron bath sick leak down and damaged my ceiling,drywall in basement and soaked carpet with pad.
Called restoration, they extracted water, sprayed, and put down blowers. Pain out of my poscket.

Insuraance company refusing to replace carpet, want to clean only. They said due to carpet getting wet by neighbor last year (not their claim, the carpet should have come up them. Make no sense to me. This is the second time and it needs replacing. Small basement, no light, air just dehumidfier that has been running since last years water from neighbors flood. Iam sick and the basement smell. I feel bad(throat, nose, eyes) when I have to go down.
Ins. Comp. said all depends on what the restoration comp. says. Yet, this was a personal/emergency call to the restoration comp., not an insurance instructed procedure. I did not tell the restoration comp.to pull up the carpet and they did not suggest it. I did not think to tell them and did not know if I should. I didn't know I was going to file a claim. It occure 7/31 and the restoration. I file on 8/3 after smell did not go away.

Answer

If your insurance is refusing to pay for the remediation and damage, then you have no recourse other than to file suit against them for breach of contract. As far as the previous water damage, they may have an argument on this if you made a claim and they paid for replacement of the carpet and it was not replaced. But as far as the other damage, if your insurance policy covers it and they are refusing to pay, then it is breach of contract and you would have to sue them to pay. If you cannot afford an attorney to do this, try legal aid, the local senior center and also call the state bar and ask for the pro bono attorneys in your area for assistance.

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Expert:	PaulMJD
Pos. Feedback:	99.5 %
Answered:	8/11/2009

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