A Mission Viejo couple is suing State Farm Insurance and also two other companies once they state the companies failed to properly look after their residence after water damage in rain at 2013.
A Mission Viejo few say their nightmare started when they returned to find their house flooded March 7, 2013.
Gregg and Cindy Comey state water rained down in the upstairs bath, saturating the ground floor of the $700,000 home they had only moved into months earlier.
They called State Farm, the insurance company they have paid premiums to for 20 decades.
“This was a nightmare”
Exactly what the Comeys say occurred next directed them to file a suit against State Farm and also other companies, Servpro and ServiceMaster. The few alleges those 2 companies were advocated from the insurance company as part of the best service plan for water reduction.
The Comeys state State Farm advised them Servpro and ServiceMaster are independent of State Farm, educated and qualified, and wouldn’t be compensated unless the job was completed to the Comey’s satisfaction.
“If any work they perform will be substandard, you get a last-minute guarantee on this,” Gregg said.
Servpro came into dry out the house.
“When they left, they advised the Comeys that the home is dry,” said Evangeline Grossman, the Comeys lawyer.
However, the Comeys state fourteen days later, they began smelling exactly what they believed was mold.
The few says State Farm originally told them mold evaluations weren’t covered, so that they paid for themselves.
“When we discovered the consequences, it was shock. The home has been infected with mold,” Cindy explained.
The couple, together with their daughter April, 17, along with their son Aidan, seven, moved into a hotel.
The Comeys state State Farm compensated Servpro, despite the Comey’s dissatisfaction.
Two months following the flood, they state State Farm advocated another company, ServiceMaster, to clean up what Servpro supposedly left .
“Upstairs, in which the loss happened, in the restroom, they did not take out the tub. The water has been trapped beneath the tub,” Grossman said. “That is the way they save money — is by cutting corners”
Instead of eliminating mold damage, the Comeys state ServiceMaster sprayed on a white-colored paint called Kilz to pay this up, so as to pass a mold evaluation, which it originally collapsed. The remediation fee: just under $5,000.
“The main point between State Farm, Servpro and ServiceMaster is they are in cahoots,” Grossman said.
She filed the suit for her customers, alleging breach of contract, breach of their obligation of good faith, fraud, and false claim, deliberate misrepresentation and neglect.
In an internal email discovered by Grossman throughout the course of litigation — following the Comeys questioned the association between State Farm and Servpro — a veteran State Farm asserts team supervisor wrote to his adjuster:”We can say we all need that they’re independent contractors, however I believe we’d lose in court”
The Comeys attorney said Servpro and ServiceMaster get repeat business, and subsequently,”State Farm has a pattern and practice of utilizing its top notch service program sellers to lessen the range of reduction and also to invest less money on promises” by attempting to prevent removing mold damage and rebuilding.
“It is more costly to do this than for the home to come up with mold and cover the mold limitation,” Grossman said.
In accordance with State Farm’s site, at 2013, there have been 17,900 residential water related states in California.
Grossman said at least 75% of residential losses between State Farm wind up with Servpro or even ServiceMaster.
From the Comeys instance, Grossman estimates it’s going to cost approximately $50,000 to repair the mold damage.
Grossman claims that the Comeys had to cover out-of-pocket for items such as lodging once they state State Farm compelled them to move from their hotel and into an apartment.
Cindy, 49, says that she suffers from acute spinal difficulties and was not able to keep on residing in the apartment since she could not get around. The Comeys allege State Farm refused to cover for them to come back to the hotel, therefore that they finally had to move in with family.
The Comeys have returned to their own home — after two decades off — although they state they will need to move again, once they are able to have the mold correctly eliminated.
I feel really betrayed,” Cindy explained.
ServiceMaster and Servpro said they are”unable to comment on pending litigation.”
In a declaration, State Farm stated,”We deny these allegations and are willing to show our case at the right location, and that’s at a court of lawenforcement. ”
The best service program is”discretionary,” in accordance with State Farm.
“Our policyholders always have the right to pick their own service company to perform their repair job,” the insurance company said in a statement.