Mold-Help.org - The world's largest TOXIC MOLD website
  • Mold Basics
    • Mold Overview
    • Mold Symptoms
    • Mold Types & Images
    • Fungal Infections
  • Resources and Tools
    • Home Care
    • Health & Diet
    • Tips for Parents
    • Coping with Loss
    • Private Research
    • Legal Suggestions
    • Mold in the Bible
  • Mold News
    • Current Headlines
    • “Sick Buildings”
    • The Environment
    • Construction Industry
    • Govt. & Politics
    • The Workplace
    • Landlords & Tenants
    • Insurance Companies
    • Schools & Institutions
    • Strange Fungal Tales
    • Personal Mold Stories
    • Additional Articles
  • Agencies & Experts
  • About Mold-Help
    • Mold-Help News
  • Search
  • Menu Menu
  • Twitter
  • Facebook

Cape Woman Sues Allstate for Mold Remediation

March 11, 2005/in Insurance Companies /by Carolyn Willbanks

Cape Coral, FL — Luann Guy didn’t think she was in good hands with Allstate after Hurricane Charley wrecked her home, leaving water and mold in its wake. The single mother of two still lives in her Cape Coral home infested with mold. And after weeks turned to months without payment from Allstate Floridian Insurance Co., she filed what her lawyers hope will become a class action case against the company.

After a review of Florida federal lawsuits filed against Allstate since the hurricanes, Guy’s suit is believed to be the first of its kind against the insurance giant.

“Ms. Guy is not alone in this thing by any means,” her attorney, Bryan Aylstock, said Thursday, a day after the suit was filed in U.S. District Court in Fort Myers. Since Hurricane Charley, Florida’s Department of Financial Services’ Division of Consumer Services received 4,479 complaints about problems with Allstate insurance. Of these, 749 were mold-related, spokeswoman Tami Torres said. Of these 4,479 complaints, 314 remain open.

Aylstock said not only did Guy’s home not receive a mold inspection through the insurance company, but she still hasn’t obtained any cash to rid the three-bedroom, two-bathroom house of mold. And the company is legally required to pay up, Aylstock and Witkin added.  The lawsuit brought by Luann Guy alleges that Northbrook, Ill.-based Allstate did not inform her about mold coverage and never sent an inspector out to look for the destructive fungi. She’s suing the company for breach of contract, claiming she hasn’t received any of the $10,000 policy limit for mold.

“The insurance companies have a superior level of knowledge,” Witkin said. “Most consumers don’t know they have coverage. If you look at a mold rider … it’s easily missed or misunderstood.” Allstate spokesman Ryan Priest said he couldn’t comment on whether Guy’s policy contained the $10,000 mold remediate cap provision, or whether it is a boilerplate component of all homeowner’s insurance policies here.

“We have not had an opportunity to examine the filing, so we can’t comment at this time,” he said Thursday. Guy has an unlisted telephone number and could not be reached for comment Thursday.   Witkin said Guy paid her homeowner’s insurance policy from November 2003 through November 2004 ? which covered Hurricane Charley’s strike date ? but she only received about $27,000 for “substantial damage” done to the home, Witkin and Aylstock said. That money didn’t include cash to wipe out the mold.

Guy reported damage to the home in August, and in September an adjuster visited the home. However, Guy called Allstate staff two times a day every day throughout November ? leaving messages with her calls ? but couldn’t reach an adjuster about mold growth inside, Aylstock said.  “Some were told ‘paint over it’ and it will go away,” Aylstock added.  Guy didn’t receive the first $2,000 check until two weeks before Christmas, he said. She is the only plaintiff in this suit. Other residents, who had an Allstate policy and were affected by the hurricanes, could become members of the class action and become eligible to join if the case is certified as a class action complaint, Witkin said. It could include thousands of residents, he estimated.

Allstate hasn’t paid out the cash because mold remediation is costly, Witkin said.  “It’s the law,” Aylstock said. “They know you have coverage.”  Valerie Beynon, a spokeswoman for the Florida Office of Insurance Regulation, said there is no law in Florida requiring insurance companies to cover mold remediation costs up to $10,000. However, she said insurance companies have set a precedent by offering this coverage in plans. “Mold resulting from a covered peril is a covered claim in homeowners policies only in the event of a sudden and accidental discharge of water … ,” according to a homeowner’s insurance brochure by the Florida Department of Financial Services.

Ryan Priest, a spokesman for Allstate Floridian Insurance Corp., said the company’s corporate headquarters in Illinois has been notified about the lawsuit.

“It’s our policy not to comment on pending litigation,” Priest said.

Hurricane Charley struck Southwest Florida on Aug. 13, damaging thousands of homes and making several families ill. Other parts of the state were pummeled by later storms Frances, Ivan and Jeanne.

Carolyn Willbanks
Author: Carolyn Willbanks

Tags: mold, mold remediation, insurance, Allstate
Share this entry
  • Share on Facebook
  • Share on Twitter
  • Share on Reddit
  • Share by Mail
https://www.mold-help.org/wp-content/uploads/2019/03/moldhelp-654x300.png 0 0 Carolyn Willbanks https://www.mold-help.org/wp-content/uploads/2019/03/moldhelp-654x300.png Carolyn Willbanks2005-03-11 12:47:042019-02-23 00:22:02Cape Woman Sues Allstate for Mold Remediation
You might also like
Photo of black mold in the ceiling seam of a reader's home Potential Signs and Mitigating Factors of a Mold Problem
Cabinet pulled away from the wall to reveal black mold©https://www.moldremediationus.com/ Cleaning Up Mold in your Home - Misinformation on the Web
Mold-Help logo Toxic Mold in Public Housing Units
South Carolina State Capital©Nathan Ballentine Bill Seeking to Regulate Mold in Public Buildings in SC Passes State House Senate
Mold-Help logo Mold Cleanup Problem Persists
Mold-Help logo Fox News Employees Expose Mold Illnesses; Dangers

Mold News

  • Current Headlines
  • "Sick Buildings"
  • The Environment
  • Construction Industry
  • Govt. & Politics
  • The Workplace
  • Landlords & Tenants
  • Insurance Companies
  • Schools & Institutions
  • Personal Mold Stories
  • Strange Fungal Tales
  • Additional Articles

Latest Posts

  • Michigan Family Finds Toxic Mold Inside Home
  • California Winter Storms: Water Damage and Mold Exposure Concerns in California
  • Office and Commercial Buildings at Risk for Mold after COVID-19 Closings
  • COVID-19 Symptoms May Include Loss of Taste and Smell
  • New Mold Detox Information on the Horizon
  • COVID-19 Courses of Action
  • Stachybotrys
  • Simple and Easy Ways to Prevent the Coronavirus
  • Your Air Conditioning Unit Helps Eliminate Mold
  • Construction Workers Are Learning to Control Dust and Debris

Search Our Site:

Need Help with Mold?

Are you being affected by mold or other mycotoxins in your environment? Our team and community has over 15 years experience and can provide guidance. You can reach us by submitting your contact or through our Facebook page.

Have a Story to Share?

We're looking for stories and input to expand our database and to add to the personal experiences we've received from the thousands of victims over the last 15. If mold has impacted your life, please take the time to share your story. Your information is confidential and will only be shared with your permission.

Seeking Mold Experts

Are you an expert in the treatment of mold-affected health illnesses, or a provider of services to victims of mycotoxin exposure? Submit your information for listing consideration in our Agencies & Experts resource database.

Additional Resources

  • Contact Us
  • Sitemap
  • Glossary of Terms
  • Survivor Resources
  • General Inquiries
  • Legal Disclaimer

© Copyright - Mold-Help Organization
  • Twitter
  • Facebook
  • Mold Basics
  • Resources and Tools
  • Agencies & Experts
  • Mold News
  • About Mold-Help
Scroll to top

This site uses cookies. By continuing to browse the site, you are agreeing to our use of cookies.

OKLearn more

Cookie and Privacy Settings



How we use cookies

We may request cookies to be set on your device. We use cookies to let us know when you visit our websites, how you interact with us, to enrich your user experience, and to customize your relationship with our website.

Click on the different category headings to find out more. You can also change some of your preferences. Note that blocking some types of cookies may impact your experience on our websites and the services we are able to offer.

Essential Website Cookies

These cookies are strictly necessary to provide you with services available through our website and to use some of its features.

Because these cookies are strictly necessary to deliver the website, refusing them will have impact how our site functions. You always can block or delete cookies by changing your browser settings and force blocking all cookies on this website. But this will always prompt you to accept/refuse cookies when revisiting our site.

We fully respect if you want to refuse cookies but to avoid asking you again and again kindly allow us to store a cookie for that. You are free to opt out any time or opt in for other cookies to get a better experience. If you refuse cookies we will remove all set cookies in our domain.

We provide you with a list of stored cookies on your computer in our domain so you can check what we stored. Due to security reasons we are not able to show or modify cookies from other domains. You can check these in your browser security settings.

Other external services

We also use different external services like Google Webfonts, Google Maps, and external Video providers. Since these providers may collect personal data like your IP address we allow you to block them here. Please be aware that this might heavily reduce the functionality and appearance of our site. Changes will take effect once you reload the page.

Google Webfont Settings:

Google Map Settings:

Google reCaptcha Settings:

Vimeo and Youtube video embeds:

Accept settingsHide notification only