Spray Foam Insulation Toxicity Following Exposure to Heat Rob Wilson asked 2 years ago
Spray Foam Insulation Toxicity Following Exposure to Heat

My home was in the Tunnel Fire in Flagstaff, AZ in April 2022. While the homes around mine burned down, mine did not, primarily because we built it to be fire resistant. Following the fire, we had an industrial hygienist conduct a survey to identify the correct remediation. That study found toxic levels of several chemicals that are being off gassed by the spray foam insulation. The manufacturer had stated in an email that foam exposed to temperatures above 180F should be replaced because of the toxicity. Surface temperatures on my home exceeded 500F as evidenced by the many heat-caused broken windows. My insurance company, despite having paid for and reviewed the report, has insisted that a thorough cleaning of walls, ceilings and floors will return the house to pre fire conditions. I’d like to know if your organization (which is AWESOME) has seen this kind of damage before and if there any case precedents that have been set. Thanks MUCH.

Rob Wilson

1 Answers
Stacy Tucker Stacy Tucker Expert answered 2 years ago
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Rob,

I am so sorry you are dealing with this. I have heard versions of this issue many times. In your situation, where your claim has not been denied but they are taking the position that some repairs are simply not needed, your best way to resolve the issue is through requesting appraisal of the damages. If you request appraisal, they are required to put the issue before a neutral appraiser of their choice, one of your choice, and one you choose jointly, who is the umpire. The insurer is required to adopt the decision of the umpire. Where you have an expert stating that these repairs were needed, and you have not suggested that the insurer has an expert declaring otherwise, the insurer will have a difficult time convincing the appraisers that it is reasonable to deny the repairs. While there are cases dealing with situations where insurers and insureds debate the necessity of repairs, including fire-related repairs, they are all fact specific.