Determining Habitability for ALE Ben Tucker asked 3 weeks ago
Determining Habitability for ALE

How do insurance carriers qualify a home as "habitable" when it comes to ending ALE under a policy holder’s coverage C provision? By way of an example, our home contained moderate – severe heavy metal contamination from the Eaton Wildfire. We had our home remediated, and post clearance testing results showed acceptable levels in mid August. We paid for that sampling out of pocket, we submitted for post clearance testing approval in May/June but only received approval and reimbursement for that testing on January 1st. To further complicate this example, some of our kitchen appliances were approved total loss due to contamination but not all of them. We submitted reports and relevant experts testifying their need for replacement but this matter has not yet been resolved. Additionally, our home’s insulation has not been able to be replaced due to exposed knob and tube wiring in the attic that was previously unknown to us. We have not been able to resolve the kitchen appliance or code compliance matters in our claim as our insurance carrier failed to respond to a multitude of emails, calls between September and December 31st when, they decided to acknowledge our existence again. To restate my question in this context, as we have not been able to move home due to these unresolved matters, at what point would our ALE coverage terminate?

1 Answers
Amy Bach Amy Bach Staff answered 3 weeks ago

Hi Ben,
Your ALE coverage should not end until your home has been remediated, restored, tested and deemed habitable to a qualified professional. In my role on the Ins. Comm’rs Smoke Task Force, I’ve heard (and helped arrange) many presentations by various experts and I’m unhappily surprised by the lack of consensus on what kind of professional can make a habitability determination and what clear standards there are (other than for lead and asbestos) for levels that are acceptable for humans, especially children. Logic should apply in that if unacceptable levels of toxicity remain – or if the home lacks basic essentials like major kitchen appliances – it clearly isn’t habitable. But professionals are arguing over what’s acceptable and have differing views depending on where they derive their income. My suggestion is to find a professional you trust who’s qualified to conduct testing, and rely on their findings as to what’s still in your home that has to be remediated for it to be habitable again.