Q: Who's at fault for not properly secure/protect appliances that were taken out kitchen after water burst?
Insurance company or water mitigation company who I hired? Water mitigation company wrapped up appliances and set them outside in backyard. However, insurance company never told me that I could have asked the mitagation company to put them into a storage locker while the repairs were done. Appliances set in sun, heat, rain, etc for over 12 months. I did not know that the insurance company would pay for protection (agent never mentioned) although I did mention my appliances are outside in weather. They are now useless - rust, condensation, etc.
A: Both the mitigation company and the insurance company are responsible. The mitigation company because they should have known not to leave appliances wrapped in plastic in your backyard. Thus, they negligently caused the property damage. The insurance company has a duty under the insurance regulations to tell you about all applicable coverages. If a pack out was needed (which it was) your insurance company had a duty to advise you that it and the associated storage costs were covered. Also, viewed as a separate incident, the mitigation company causing you property damage should also be covered, although making a new claim would require that you pay a separate deductible.
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