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Handling All Insurance Aspects Of Habitability Claims For Tenants or Property Owners

Habitability claims have become an increasing source of litigation and insurance disputes.  From the perspective of the tenant, they are entitled to habitable space free of vermin and insects, mold and other potential health hazards. From the perspective of landlords, they might well find themselves being sued notwithstanding their every effort to maintain their properties in the best condition reasonably possible.

In either event, insurance coverage can be an important consideration. At McLeod Law Group, with offices in San Diego and Denver, we help our clients find answers in cases involving habitability claims. We know that every situation is different, and we are committed to helping you resolve your claim efficiently. We will take the time to discuss your options, including ADR and litigation, and provide you with clear guidance of your options going forward.

Are There Insurance Issues Involved In Your Habitability Claim?

If you are representing one or more tenants in a habitability suit, you can often find yourself confronted with two separate and independent issues—the scope of liability and recoverable damages on the one hand and the available insurance coverage on the other. While insurance can be viewed as a secondary consideration from the plaintiffs’ perspective, it is oftentimes an important factor in any effort to maximize settlement dollars sooner than later. Our team, with extensive experience and knowledge of the insurance coverage industry, can help guide you through these insurance issues, identifying ways to maximize coverage and help you achieve earlier and larger settlements.

If you are a defendant in one or more such suits, insurance coverage is often your economic lifeline—the source of funding what can prove to be a very expense defense effort, not to mention funding all or a significant portion of any settlement. For landlords, the structure and scope of your insurance program is particularly important. Habitability exclusions are becoming more commonplace. Such exclusions have the potential for cutting off any insurance, whether for defense or settlement, making the landlord-insured effectively uninsured with respect to a major liability exposure. When claims do arise, our team can help identify covered claims or damages and work with you to maximize coverage and minimize your potential liability.

Has Your Insurer Acted In Bad Faith?

In some of these cases, insurance companies may fail to honor their policy obligations when one of their insureds is being sued due to a habitability issue. We will examine the policy to determine if the insurer acted in bad faith, and if so, aggressively pursue them for the coverage that is specified in your policy. Bad faith claims can be very complicated, and it is important to work with a lawyer who understands insurance policies and how they apply to the parties in each situation.

Helping You Protect Your Interests In Habitability Claim Disputes

These cases can become extremely complex, and will require a thorough review to determine the options available. We are here to help you make sense of it all. If you have questions or concerns related to a habitability claim, please reach out to us today at 619-433-6682 or by sending us an email to arrange a consultation with an attorney experienced in insurance coverage matters.