Do any Florida IAC2 members have $1 million E&O

[Douglas Wall]

I think "mold inspectors" should be concerned about the insurance part of the new Florida law. I have yet to find an ESA or IAC2 "certified mold inspector" that has the required $1million E&O for mold preliminary and clearance inspections.
I have asked dozens of inspectors in our area and none have it because they do not qualify for it. Is there a company that will provide mold E&O for ESA or IAC2 members?

[Nick Gromicko]

The way the law is written, one could argue that their home inspection E&O policy that doesn't cover mold-related claims is sufficient. The argument could point to 468.8421 (2) where it says:

(2) A mold remediator shall maintain a general liablity insurance policy in an amount of not less than $1,000.000 that includes specific coverage for mold-related claims.

However the bold line above does not appear in 468.8421 (1) where it says:

(1) A mold assessor shall maintain general liability and errors and omissions insurance coverage in an amount of not less then $1,000,000.

One could argue that if the law wanted an assessor's insurance to specifically cover mold, that the law would have said so, like it does for remediators.

[James E. Braun, CMI]

So are you going to argue it with the state of Florida?

[Douglas Wall]

Very good point Nick, guess that's why they are having the meetings.

Do you think that is skirting the intent of the law and protecting the public?

[Nick Gromicko]

That's the question. The two little paragraphs are on top of each other at the end of the legislation. The one for remediators says "that includes specific coverage for mold-related claims." and the one for assessors does not. You would think that if the legislators wanted to require it for both, they would have ended both little paragraphs the same. They oddly didn't.

[Joe Farsetta]

I believe that they will argue the intent of the law, and clarify the requirement later on. Why else would they include E&O if not intending to have it include coverage for what the law pertains to?

[Douglas Wall]

I am at the office on Saturday, yuk, but I found our membership for ESA.
Girls renewed it to get a discount on radon class for 2 new guys next month.
Seems they (ESA) offer E&O coverage to members. A few years ago they offered one that was really a rider, you had to actually have commercial professional liability for it to be any good (i'm told). Maybe this one is different?
Looks expensive from the ad compared to our present policy, we pay $9,000 plus now (4 CIE's).

[Nick Gromicko]

You're paying at least 5 times too much. IAC2 to the rescue. Let's get through grandfathering first, then save each IAC2 member/FL licensee thousand$.

[Scott Gilligan, CMI]

Originally Posted by douglas

I think "mold inspectors" should be concerned about the insurance part of the new Florida law. I have yet to find an ESA or IAC2 "certified mold inspector" that has the required $1million E&O for mold preliminary and clearance inspections.
I have asked dozens of inspectors in our area and none have it because they do not qualify for it. Is there a company that will provide mold E&O for ESA or IAC2 members?

ESA has a deal with Legends Insurances who writes Polutions Insurance for mokld inspectors. I don't know what kind of policy it is, but it might be worth looking into. Fees start at $3,000.00 per year and go up depending on what additional environmental services you add onto your policy.

FREA also has a Claims Made policy that is about $2200 - $2500 depending on the deductable and the limit. I think they only cover mold inspections and nothing else.

[Douglas Wall]

Something I have read in three different reliable sources :

" .. mold assessor must maintain at least $1 million in general liability and errors and omissions insurance."

"These insurance requirements go into effect and become law July 1, 2010 regardless of wether DBPR is prepared to issue licenses at that time."


The ability to get E&O for all phases (?)of mold assessment is expected by many to "cleanup" the mold inspection business.