Fighting Mold Insurance Claim Denials in Louisiana
When the Insurance Company Refuses to Pay for Remediation
Mold remediation is expensive. Because costs have risen, insurance companies have sought to drastically limit the amount they will pay for black mold or fungal claims. Some companies attempt to pay nothing at all—even when the mold was caused by a water damage event that is clearly covered under your policy.
At the Berniard Law Firm, we know that not all mold exclusions are equal. We help homeowners and business owners navigate the complex language of their policies to ensure they are not wrongfully denied coverage.
How Insurers Try to Deny Mold Claims
Typically, a mold dispute arises when the initial adjuster “misses” the mold, or when the damage is discovered later. The insurance company will often try to deny the claim by asserting standard excuses, such as:
- “Pre-Existing Condition”: Claiming the mold was there before the storm or accident.
- “Construction Defect”: Blaming the builder rather than the water intrusion.
- “Improper Mitigation”: Claiming you didn’t dry out the property fast enough.
- “Not a Covered Peril”: Arguing that the water source is excluded from your policy.
In some egregious cases, insurance companies will even deny that the mold exists at all, despite visible evidence.
The Critical Distinction: "Sudden" vs. "Continuous"
Generally, a claim arising from mold damage will only be covered when the presence of mold is caused by a “Covered Peril.”
- Covered: Mold that results from a specific, sudden event, such as a hurricane, a burst pipe, or an ice storm.
- Often Denied: Mold that results from “maintenance issues,” such as a continuously leaking pipe, humidity, or slow seepage over time.
This is where we win cases. An expert determination on exactly what caused the moisture is the single biggest factor in your claim. We employ top experts in mold detection and engineering to prove that the mold was caused by a sudden, covered event—forcing the insurance company to pay.
We Employ Experts to Protect Your Claim
Insurance companies are actively rewriting their policies to exclude mold coverage to save money. You need a team that is just as aggressive.
The Berniard Law Firm employs independent experts in mold detection and remediation to counter the insurance company’s findings. If you believe your insurer is underpaying or denying your claim, do not accept their decision as final.
Speak with a Berniard Law Firm Attorney Today
Call us at (504) 521-6000 to speak with an attorney about your mold insurance loss dispute. You can also complete our contact form, and an attorney will contact you within 4 hours.
No Cost Unless We Win. All initial consultations are free, and all cases are handled on a contingency fee basis. There are no costs to you unless we secure a settlement or court award. You have nothing to lose—call today so we can begin working on your case immediately.
Co-Counsel and Expert Consultation Services
The Berniard Law Firm is available to assist other legal professionals and businesses in their fight against insurers. We have worked in a variety of roles—including lead counsel, co-counsel, and expert consultants—to resolve complex coverage disputes.
Our attorneys have partnered with corporate counsel, risk managers, public adjusters, and contractors during all phases of the claims process, from investigation to litigation. Please call the Berniard Law Firm today to discuss how we can assist with your docket.