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HomePresident's MessageWhat Is Bad FaithPolicyholder Duties
When A Claim Goes Bad
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Until a few years ago, few policyholders were aware of the dangers of improperly adjusted water damage claims. Today, we have learned much about mycotoxins produced by certain species of toxic mold arising out of a simple water leak, and endotoxins, which are produced by gram negative bacteria (like E.coli) which can occur because of sewer or drain leaks. Both mycotoxins and endotoxins -- the poisons emitted by certain fungal and gram negative bacteria, respectively -- have been well researched and the respiratory effects of each are more than documented and are not in debate. However, new literature and studies are being published in scientific journals that show the causal link between other medical issues, in many cases even neurological problems, and exposure to these poisons.

The E.coli issues of the 1990s and the anthrax issues of 2001 have underscored the fact that microscopic organisms (fungal, bacterial and viral microbes) can pose serious health dangers, even death.

Yet, the legal system has not kept pace with science and certain judges have disallowed medical testimony on these issues. POA has sponsored research in a variety of areas, not for legal reasons but for the purpose of prevention and helping policyholders receive proper treatment for the health effects caused by water damage.

POA has also commissioned legal research, largely because of the high causal threshold set forth in the 1997 Texas Supreme Court ruling in what's referred to as the Havner case (used in some Texas courtrooms as the litmus test for allowing medical testimony). Using Havner, medical testimony supporting personal injury or death involving anthrax would not be allowed. There is far less research available on anthrax as there is about the health effects of E.coli and toxic mold exposure.

POA has also amassed an enormous amount of peer reviewed, scientific literature about endotoxins and mycotoxins.

Within the Members Only section, you will be able to access all of the available documents and learn more about products recently developed that prevent fungal growth on building materials (invented at Texas Tech University) and research being funded, in part, by POA's Medical Research arm. We are hopeful that this new research will one day result in more effective treatment for exposures from water damage-related toxins.

To View A Medical Documentary Click Here


 

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