Update on MAID Service Claim HELP!!!

[tbone138]

Help With Maid Service Insurance !

A maid service came to clean my home. They were "insured". The kid who came to the house MOPPED my engineered flooring which is a huge no no. The top layer of the engineered flooring is bubbling due to the moisture he put on them. His insurance company came out and denied the claim because they said they do not cover his "workmanship" just if an accident occurred. BTW, this is a general liability policy. I was directed by a friend who is an adjuster to refer the claim to my insurance company since I was refused by their insurance company and that I have a right (I am in Georgia if this matters) to have my insurance subrogate the guilty party (the cleaner). I do not want to have to sue the maid service because they probably do not have any money. I want my insurance company to back me. Instead, they denied the claim as well and said they do not cover his workmanship. Allstate, my insurance company, came out 3 times and came to the conclusion that indeed, it was this guys fault. I have evidence ( a recording of him saying he "sprayed" liquid on the engineered floors. Does anyone know if I have the RIGHT to have my insurance mediate this claim for me? My friend said Allstate doesn't want to deal with it and they know that no attorneys will want to deal w/ my case because it is such a low dollar amount (glue down engineered floors will have to be replaced about 12-15k). Anyways, I am thinking of filing a complaint w/ the Georgia real estate commission if I do indeed have the RIGHT to have them mediate this. Anyone PLEASE HELP!!!!! I thank you in advance for any guidance.

Signed,
Guy w/ 6 month old engineered floors that look like crap.

 

[CaptiveGuy]

Re: Help!!!

Depending on both policy's language they are correct. General liablity usually has a "your work" exclusion in the policy so the maid's policy would deny it. Also, his work is most likely not a covered peril under your home insurance.

The maid service is liable it seems but their insurance is not covering it. You could file a lawsuit that their insurance would have to pay to defend then you may be able to recover a little because the insurance company just wants to make it go away.

Try writing a letter to his insurance stating that you are considering filing a lawsuit and see what they say.

 

[tbone138]

Re: Help!!!

Depending on both policy's language they are correct. General liablity usually has a "your work" exclusion in the policy so the maid's policy would deny it. Also, his work is most likely not a covered peril under your home insurance.

The maid service is liable it seems but their insurance is not covering it. You could file a lawsuit that their insurance would have to pay to defend then you may be able to recover a little because the insurance company just wants to make it go away.

Try writing a letter to his insurance stating that you are considering filing a lawsuit and see what they say.

So are you saying I should threaten to file a lawsuit against them (the insurance company) or the maid service(and the maid services legal fees would be covered by their insurance)? This sucks!!!!

 

[Guest]

Re: Help!!!

The OP is just like everyone else, they expect insurance to pay for EVERYTHING.

I'm curious to why anyone would buy this type of floor.....spill something on it does it ruin the floor? ANy kind of water leak would completely ruin the floor?

Since your replacing the floor somehow, I would change the type of floor.

Wether you want to or not, time to sue the company direct.

WHy would Allstate spend the money to help you sue them?

You have an insurance policy, not a attorny on retainer....

 

[tbone138]

Re: Help!!!

The OP is just like everyone else, they expect insurance to pay for EVERYTHING.

I'm curious to why anyone would buy this type of floor.....spill something on it does it ruin the floor? ANy kind of water leak would completely ruin the floor?

Since your replacing the floor somehow, I would change the type of floor.

Wether you want to or not, time to sue the company direct.

WHy would Allstate spend the money to help you sue them?

You have an insurance policy, not a attorny on retainer....

Well, I appreciate that you took the time to respond but honestly I'm not looking for advice on what type of floors I should buy. I don't want to sue the company direct because they probably don't have any damn money. This is why I WANT my insurance to pay for it. I don't expect them to but I want to make sure that I am getting what I am entitled to. Initially, I was of the opinion that it was between me and the contractor/his insurance until an insurance adjuster brought to my attention that I have a "right" to have Allstate mediate the claim for me. The more I read, the more I believe he is incorrect. I just wish he was right... this sucks!!!!!!!!!!!!!! BTW, I will never by engineered floors again as long as I live.

 

[Frank Stastny]

Re: Help!!!

Did you explain to the person cleaning exactly how to clean the floor? One would assume that would be the first thing on a list of how you want your place cleaned.

It sounds like a comparative fault case with you bearing the brunt of the fault for not giving specific instructions. However, if you explained in detail how the floor should be cleaned then it is a different matter.

 

[Sales71]

Re: Help!!!

Allstate has the right to deny the claim since its not a covered loss. Would they mediate this for you the answer is NO since they will not pay or cover the claim.

If its worth it the cost to replace the floor just sue the cleaning company and the person who did the work and also his insurance company.

One would have to pay for the loss if it indeed there fault. Sorry about your loss.

 

[djs]

Re: Help!!!

You are trying to solve a problem that isn't yours to solve. Bottom line is the maid company is responsible for damage that they cause. Let them know that you expect them to pay for the damage. Let them worry about how that happens.

In all honesty, it sounds like you had some bad flooring. A damp mop should not cause this kind of damage on a decent quality wood floor, unless it was already exposed to excessive moisture. A wet mop, maybe, but spraying and mopping? It should hold up to that.

Dan

 

[briko3]

Re: Help!!!

You are trying to solve a problem that isn't yours to solve. Bottom line is the maid company is responsible for damage that they cause. Let them know that you expect them to pay for the damage. Let them worry about how that happens.

In all honesty, it sounds like you had some bad flooring. A damp mop should not cause this kind of damage on a decent quality wood floor, unless it was already exposed to excessive moisture. A wet mop, maybe, but spraying and mopping? It should hold up to that.

Dan

I agree with this...............

 

[Soaringagent]

Re: Help With Maid Service Insurance !

Bottom line is the maid company is responsible. Why are you upset at your insurance company?