Q: Is there any case law that would support a claim against a Homeowner's Insurer for personal injury of a disabled adult?
Hurricane Irma hit the home in Plant City, FL, Sept 2017. HOI denied coverage and the HO Insurer's civil engineer assured disabled insured that the home was "structurally sound." The disabled insured remained in the home, relying upon the assurance of the Civil Eng, and became progressively ill (clinically documented) and subsequently displaced from the home from the home after the discover, in Aug 2018, of unseen toxic mold (in the air) was growing in the south exterior wall infiltrating into the master bedroom. On Sept 21, 2018 the disabled adult was diagnosed with MOLD in her blood as a result of the untoward exposure to the mold which would not have occurred "but for" the Insurer's denial and the insurer's civil engineers assurances. Can the disabled adult file an action for personal injury against the HO Insurer or the Civil Eng that reported that the home was structurally sound? Would this qualify as a form of discrimination under 42 USC 12182?
A: Possibly though a lot will depend on the duty owed by a contracting engineer especially if their scope was just structural, not enviornmental. Contact a member of the Fla Justice Association--they give free consults. Look for one that handles mold cases.
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