Asbestos was a popular material for home construction primarily because of its ability to effectively insulate and serve as a flame-retardant material. Today, we now know about the health risks of asbestos since so many lives have been lost to mesothelioma cancer. Asbestos is the only known cause of mesothelioma, which rightly may leave you wondering whether asbestos in the home is cause for concern.
The answer to this question is that it depends, which is why it can be beneficial to have qualified professionals investigate the presence of asbestos within your home. This is especially important if the home is an older one since homes were frequently constructed with asbestos-containing materials prior to EPA regulations that heavily regulated asbestos in the 1970s.
Common places where asbestos is found within the home include:
If asbestos is found, one option that may be worth considering is removing the asbestos, which is known as asbestos abatement. This process may not be necessary, especially if the asbestos is in good condition. Since disturbing asbestos can be so dangerous, materials that are in good condition are often best left alone.
If materials risk becoming damaged or have already been damaged by renovations/old age, however, then removal may be necessary to prevent an exposure.
If this is the best course of action to take, it is important to consider whether asbestos is covered by homeowner’s insurance.
Many insurance policies contain a so-called contaminant exclusion that does not allow toxic materials named by law (which applies to asbestos due to EPA regulations). However, if a pollutant or contaminant exclusion is ambiguously worded, it may be possible to be covered when needing asbestos removal.
It is far less likely that asbestos abatement will be covered if the policy specifically includes an asbestos exclusion, but this is not a common provision in homeowner’s insurance policies.
Even if you are generally not covered for asbestos abatement, exceptions can and do apply.
Some insurance coverage protects homeowners from what are considered "covered perils", meaning coverage for events that homeowners had no control over. Effectively, this is generally meant to refer to natural disasters or similar damage that cause the need for asbestos abatement.
Examples of "covered perils" exceptions that may justify asbestos abatement coverage include:
If you have any questions about the harms of asbestos within the home or wish to discuss the facts of a recent mesothelioma diagnosis, our nationally recognized mesothelioma law firm is here to discuss your claim. Contact us online for a free case evaluation to speak with a mesothelioma lawyer at The Ledger Law Firm today.
In personal injury claims, the concept behind the claim is simple: to make you whole…
Reuters recently released a report suggesting that Johnson & Johnson changed its marketing strategy to…
So, you have worked with a specific employer for some time, maybe as a plumber,…
The first case against Bayer AG was decided in August 2018 in the San Francisco…
Mesothelioma impacts a wide range of people. It is cancer caused by inhaling and ingesting…