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New York’s Trusted Attorneys for Mold Damage Claims

When mold infiltrates your property, it can quickly escalate from a nuisance to a health hazard, damaging structures and leading to costly remediation efforts. Yet, many property owners find that their insurance companies undervalue or outright deny mold-related claims, leaving them with significant financial burdens. At Vargas Gonzalez Delombard, our team ensures your insurance provider honors their obligations, securing the compensation you deserve.

Mold Damage Basics

Mold is a type of fungus consisting of microscopic organisms that thrive in moist environments. It spreads by releasing spores into the air, quickly contaminating large areas when moisture is present.

Mold growth can damage structures, degrade building materials, and pose serious health risks, especially to individuals with allergies, respiratory conditions, or weakened immune systems.

Additionally, mold damage can arise from various circumstances, including:

  • Water intrusion following storms or flooding
  • Leaks from plumbing, HVAC systems, or roofs
  • Mold growth due to firefighting water damage
  • Mold resulting from hidden structural damage

While your property insurance policy typically covers mold resulting from covered perils, insurers frequently attempt to dispute or minimize these claims, asserting that the damage occurred due to poor maintenance or neglect.

What NY Laws Cover Mold Damage Claims?

In New York, mold damage claims involving first-party property insurance are primarily guided by the following laws and regulations:

New York Insurance Law § 3404

This statute governs standard fire insurance policies and typically serves as a baseline for coverage related to water and mold damage resulting from fire incidents or firefighting efforts.

New York Insurance Regulation 64 (11 NYRR 216)

Regulation 64 establishes insurance companies' guidelines for handling property insurance claims. It mandates timely investigations, prompt communications, fair claims handling practices, and clearly documented reasons for claim denials or settlements.

New York General Business Law § 349

This consumer protection statute prohibits deceptive business practices, including unfair or deceptive handling of insurance claims. Insurance companies found in violation could be subject to liability for additional damages, making it a powerful tool when insurers deny, undervalue, or mishandle mold claims unjustly.

Statute of Limitations (New York CPLR § 213)

Claims involving breach of contract, such as mold damage coverage disputes, typically must be filed within six years of the denial or underpayment of the insurance claim. Property owners must be mindful of this timeline to preserve their rights.

Policy-Specific Coverage and Exclusions

Mold coverage in insurance policies can vary significantly. New York law permits insurers to limit or exclude mold coverage, often requiring separate endorsements or riders for mold-related claims. Attorneys and claimants must carefully review individual policies to determine coverage scope, relevant exclusions, and applicable limits.

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How Vargas Gonzalez Delombard Can Help

Expert Evaluation and Documentation

Our legal team collaborates closely with mold assessment specialists, environmental experts, and remediation professionals to thoroughly document and substantiate the cause and severity of your mold damage.

Comprehensive Claim Management

From initial filing through negotiations, we handle every aspect of your claim, aggressively countering any attempt by the insurance company to undervalue or deny rightful compensation.

Litigation When Necessary

Our attorneys are seasoned trial professionals who won’t hesitate to litigate on your behalf if your insurer refuses to provide fair compensation.

Maximize Your Mold Damage Claim

Insurers commonly use ambiguous policy language and exclusions to reduce or deny your mold claim. Our dedicated attorneys have an established track record of successfully challenging these tactics, ensuring that your claim receives comprehensive evaluation and aggressive advocacy. 

With Vargas Gonzalez Delombard at your side, you can be confident in securing:

  • Full remediation coverage, including cleanup, removal, and restoration
  • Costs related to temporary relocation or loss of use
  • Compensation for associated structural damages
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Your Advocates for Fair Treatment

With over a decade of experience advocating for property owners facing unfair treatment by insurers, Vargas Gonzalez Delombard has become synonymous with justice, transparency, and reliability.

We approach each mold damage claim with meticulous care and unwavering resolve, ensuring you can recover, rebuild, and regain peace of mind.

Additionally, our services are offered on a contingency basis. You pay nothing upfront, and our firm only collects fees after securing your compensation.

FAQ's

How can mold exposure affect my health?

Does standard homeowner’s insurance cover mold damage automatically?

What is "reasonable time" for insurance companies to respond to mold claims in NY?

Am I required to hire a licensed mold remediation professional in NY?

Can insurers deny my claim if mold was present before I bought the property?

Who is responsible for proving the mold damage in an insurance claim?

Are NY property owners required to disclose past mold damage to potential buyers?

What does mold remediation typically involve?

Are property owners legally obligated to mitigate mold damage?

Can mold damage reduce the value of my NY property?

How can mold exposure affect my health?

Exposure to mold spores can cause allergic reactions, respiratory distress, and asthma attacks, especially in children, the elderly, and those with weakened immune systems. Symptoms include coughing, nasal congestion, throat irritation, wheezing, and eye irritation.

Does standard homeowner’s insurance cover mold damage automatically?

Not always. Most standard homeowner’s policies limit or exclude mold damage unless directly related to covered perils like water damage from burst pipes or firefighting efforts. Often, additional endorsements are necessary for broader mold coverage.

What is "reasonable time" for insurance companies to respond to mold claims in NY?

Under Regulation 64 (11 NYRR 216), insurers must acknowledge receipt of your claim within 15 business days, commence an investigation promptly, and communicate regularly throughout the process. Final settlement or denial decisions typically should occur within 15 business days after receiving all necessary information.

Am I required to hire a licensed mold remediation professional in NY?

Yes, New York State law requires that mold assessments and remediations be conducted by licensed professionals if the affected area covers ten square feet or more.

Can insurers deny my claim if mold was present before I bought the property?

Yes, insurers may deny claims based on pre-existing conditions or previous mold damage, as policies typically only cover damages that occur after coverage begins. Detailed property inspections before purchasing insurance or property are essential to avoid claim disputes.

Who is responsible for proving the mold damage in an insurance claim?

As the policyholder, you bear the initial burden of proving mold damage. However, once you've documented your claim, New York law requires insurers to thoroughly investigate and substantiate reasons for denial or undervaluation.

Are NY property owners required to disclose past mold damage to potential buyers?

Yes. Under New York State's Property Condition Disclosure Act, sellers must disclose to prospective buyers known mold problems or conditions that may lead to mold growth or potentially face liability later.

What does mold remediation typically involve?

Mold remediation typically includes identification, containment, mold removal, treatment of affected areas with antimicrobial solutions, drying, air filtration, and restoring the property to its original condition. Proper remediation helps prevent recurrence and protects property values.

Are property owners legally obligated to mitigate mold damage?

Yes, policyholders in NY must take immediate steps to minimize mold damage after discovery, such as repairing leaks and drying affected areas, to preserve their right to full insurance coverage. Failure to mitigate could lead insurers to reduce or deny claims.

Can mold damage reduce the value of my NY property?

Absolutely. Mold contamination significantly reduces property value, making timely remediation and accurate insurance claims crucial. Mold-damaged properties typically sell at lower prices, and unaddressed mold may cause further structural deterioration and increased costs over time.

We’re Here to Help You Reclaim What You Deserve

In New York, strict statutes of limitations apply to property damage claims, making timely action crucial. Contact Vargas Gonzalez Delombard today for your free, no-obligation consultation and let our team begin protecting your rights and property immediately.

Sources:

Centers for Disease Control and Prevention (CDC). Mold and Your Health, 2023.

New York State Department of Labor. Mold Program, Article 32.

New York Real Property Law §462, Property Condition Disclosure Act.

Environmental Protection Agency (EPA). Mold Remediation Guidelines, 2022.

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