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Defeating the "It's Not Our Fault" Excuses

The Lawyer's Perspective

Deny, Delay, Defend. That is the insurance playbook. When you report damage, their first instinct is not to help, but to find a reason why your contract doesn't cover it.

Defense #1: The "Aerial Infestation" Myth

They will claim the formosan termites flew into your attic and started a colony there, bypassing their ground treatment. Since most contracts only cover ground treatments, they deny the claim. THIS IS RARELY SCIENTIFICALLY TRUE. Most "aerial" colonies still maintain contact with the ground for moisture. We prove the link.

Defense #2: "You Have a Moisture Problem"

They will point to a small leak in a window and say, "Termites love water, so this is your fault." In reality, we often find that their technician noted the moisture years ago and did nothing—failed to trench, failed to drill, and failed to warn you. That is negligence.

Is This Happening to You?

If you see these signs, do not sign any release forms nicely offered by the pest control company.

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Defense #3: "Hidden Damage"

They claim they couldn't see behind the walls. But their contract often REQUIRES them to inspect accessing areas. If they skipped the attic or crawlspace for 10 years, they cannot claim ignorance now.