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Insurance Carrier: Nautilus Insurance Co
Gutter company damaged flashing on roof... slow leak for two years... mold and water damage to wall... insurance company for gutter man says policy doesn't cover mold... just water damage and doesn't want to pay to have gutters repaired... it's been over a month... we are paying for repairs... over $6,000.00... insurance wants to give us $1,000.000...Is there a time frame for them to respond and settle... should we contact an attorney?
Insurance Expert Answer:
Here the gutter company seems to have been at fault, and this would be fully liable for any damage IT caused. Of course, you have a limited time -- depending on your state's laws -- to sue that company for its negligence. If it has a liability policy, its insurance company will be obligated to defend the roofing company for losses it covered. That policy language itself is critical in terms of any damage the insurance company will reimburse the gutter company. It may defend under a "reservation of rights." Your own policy probably does NOT cover slow leaks or resulting damage, only leaks created by a "tear" -- such as from a storm -- and such leaks have to be reported promptly after the tear. Speak to a local lawyer.