16 May, 2018 → by ClaimboUser610701
Promised to only do work covered by Insurance proceeds and promised no “Out of Pocket “

1

Breathe Pure was hired to perform water mitigation services on the ceilings that were damaged during Hurricane Harvey. Mike McDonnell came to our house and was shown where the visible water and wind damage was located in our house. I informed Mr. McDowell that the only money we have to work with is from the insurance proceeds and no out of pocket. Mr. McDowell stated if we hire him that he will only perform work that has already been approved by the carrier and promised there will not be any out of pocket expense. Mike McDowell was given a copy of my insurance estimate and requested a copy of our insurance policy. I provided by email a copy of our policy therefore Mr. McDowell was fully aware of what my insurance agreed to cover. Mr. McDowell took moisture readings and stated that we have high moisture levels in the walls and ceilings. Mr. Mcdowell stated that according to his license, the Texas IICRC standard, by law he has to remove all the damaged insulation, and all the wet drywall to properly mitigate and stop any future damage. Mike McDowell performed his inspection and discovered water damage in areas that were not part of my insurance estimate. He discovered water moisture in the kitchen walls, all upstairs ceilings, and the attic installation. Mike McDowell’s credentials impressed us so we chose to allow Breathe Pure to mitigate the water damage. Mr. McDowell stated that since my insurance already accepted to pay for a full new roof, all other damage he may find inside the ceilings have to be covered by the policy. Mr. Mcdowell presented a contract for my father to sign. After reviewing the contract I noticed the verbal agreement I had with Mr. McDowell about “no out of pocket expenses” was not included in the contract. Therefore I contacted Mr. McDowell and discussed our prior oral agreement again explained the only way we will hire Breathe Pure is if they agree to only use insurance proceeds to pay for all the repair work. Mike assured me that he controls the contract and every customer has different needs according to their situation. Mr. McDowell assured me again that there will not be any out of pocket expenses. My father and I trusted this verbal agreement and signed the contract. This conversation was recorded to protect my father if Breathe Pure does not uphold their verbal agreement. The next 2 weeks Breathe Pure mitigated and removed ceilings, drywall and all attic insulation. Once this was completed. Mr. McDowell contacted Wellington to discuss their findings, Mr. McDowell informed us that he spoke with Jennifer Clark, who instructed Mr. McDowell to continue with the mitigation and once mitigation is completed to submit a invoice for payment considerations. Mike McDowell used his own professional judgment in regard to the mitigation repairs for water damage as well as his professional opinion on our insurance policy. When asked directly if this work is covered under our policy we were assures that my insurance carrier already established coverage. Mr. McDowell was 100 positive that Wellington will cover all mitigation repairs. Mr. McDowell contacted a roofing contractor and arranged for the roof to be installed. Mr. McDowell Invoiced my father $8900.00. Once roof was completed he sent his water mitigation crew to my house and began removing drywall and ceilings. Mr. Mcdowell stated he discovered more hidden water damage in areas that my insurance adjuster's inspection did not find. Mr. McDowell reported and documented his finding and sent this report to Wellington. A 2nd inspection was suggested and Wellington did not want a second inspection at this time. Mr. McDowell then continued to move forward to mitigate damages and removed other discovered areas in my home where he found water and moisture that needed to be removed. . All the installation in my attic was removed. The downstairs family room ceiling and ½ bathroom downstairs was removed. Mr. McDowell also discovered moist insulation behind the kitchen cabinets. Before he made the decision to move forward on any more mitigation work and water repairs, he informed me he was calling an expert who is also a insurance adjuster to evaluate his findings and review my insurance policy before he continues to move forward. This is when I met Cynthia Smith, who arrived at my house on December 6, 2017. During the time she arrived a furnace technician named Conner was inspecting the furnace because it was not powering up. The temperature had just dropped and the house was freezing due to the installation and ceilings being removed. Ms. Smith with Breathe Pure arrived and immediately stepped in and began to discuss the heater with Connor and stated we need a new heater and the carrier will cover it. Conner and Cynthia were up in the attic and discovered the damaged furnace was from the leak that was located right above the heater. Cynthia exchanged numbers with Connor and told me she will handle my furnace issue and my insurance will cover it. Ms. Smith then stated it is too cold in here and instructed me to pack my bags because she was putting me in a hotel. I asked her who is paying for this and she said my carrier will cover it. I asked if she was positive and she then requested to look at my policy to show me where in the policy it says that temporary housing is covered. I gave her a copy and she showed me the section that says up to $25,000.00 covers ALE. I then told her it will take me awhile to get all packed and she told me she will take care of it and will call me with reservation details. Ms. Smith left and within about an hour she called to check on me and to give me the reservation number, During this conversation I was informed that she and Mr. McDowell discussed my house and that they determined the cabinets and appliances needed to get pulled and replaced. I again asked if they have approval from my insurance and I was assured my insurance policy will cover it. I trusted their professional opinion. Mr. McDowell came down with a serious illness and was not involved with the 2nd inspection that took place on December 15, 2017. Mrs. Smith and the insurance adjuster walked through my house and discussed the water mitigation work that had been performed. Want to write a review on a business? Follow our easy submit a posting steps. My insurance agent did not agree with Breathe Pure’s assessment of the newly discovered damage. The adjuster disagreed with Breathe Pure for removing the entire ceilings, installation, and the kitchen. After the inspection my insurance issued a amended estimate for what they agree to cover. In the letter my insurance denied removal of all ceilings and installation, kitchen removal and ALE. On January 12, 2018, Ms. Smith contacted my insurance desk adjuster and discussed that she disagrees with the insurance estimate and Ms. Smith was also informed that ALE will not be covered. My insurance company denied to cover the full removal of the installation and ceilings. The removal of the entire kitchen, cabinets, and appliances. The past 5 months I have discussed this with Breathe Pure and they continue to assure me that the insurance has to pay for their invoice. We have been without a kitchen, installation, and cabinets since November 2017. This has gone on too long. Breathe Pure has breached their verbal contract and promise. We gave Breathe Pure direct permission to discuss with Wellington anything that has to do with repairs insurance coverage, and payment for the repair work and damage caused by the Hurricane. We trusted Breathe Pure and we trusted Wellington to manage our policy and repairs responsibly. We trusted Breathe Pure and believed their word that only work that is covered by the carrier would be performed. We trusted Breathe Pure’s experience and believed they knew how to read our insurance policy and understood what is covered and what is not covered. We trusted Breathe Pure’s word when both Mike McDowell and Cynthia Smith assured us that they are only doing repairs that are covered by our carrier. Mrs. Smith assured us that ALE is covered on our policy. So far up to this point Wellington has refused to pay for the water mit work that Breathe Pure did. These past few months have been difficult and anytime this topic comes up to Mike McDowell and Cynthia Smith, it becomes an argument. Everything that was promised by Mike McDowell in the beginning has changed. Mike McDowell refuses to move forward until the insurance is settled. The only way Breathe Pure agrees to move forward is to be paid a percentage upfront to start the restoration. This means we now will be forced to pay Mike McDowell out of pocket just like he promised from the beginning would never happen. Every time I would ask Mr. McDowell how much the mitigation is going to cost, he would tell me it depends on how much insurance is willing to pay. I was told that if the insurance does not pay then there is no money owed to him. Mike McDowell and Breathe Pure have not upheld his agreement and does not seem to care about the condition he left my house in. We should not have to continue to suffer due to the way Mike McDowell, Cynthia Smith, Breathe Pure and the insurance company have managed this entire situation. We demand Breathe Pure to pay for the repairs that need to be done to put the ceilings, installation and my kitchen bring our house back to a livable standard. We have discussed this entire situation with many professionals and all say the same advice. Breathe Pure has a legal obligation and duty to install the kitchen and ceilings since they took them out. This should of been done immediately. Breathe Pure made the professional decision and assured us that the kitchen, ceilings and installation will be paid by the insurance coverage. The fact is the insurance is not paying for it as of yet, Therefore Breathe Pure is responsible for paying to have these repairs to be finished immediately. The photos attached is the way my house has been ever since Breathe Pure took my kitchen and ceilings. They even pulled the kitchen sink!
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