Ok long story short I just received a letter from an insurance companies attorney “demanding” I release all info on a particular address. I inspected a home for a client but the attorney reaching out is for their insurance company. I’m assuming the homeowner is sueing the insurance company for some reason. My question is even with a certified letter am I legally obligated to release this info. Also I was hired by my client so what power does an attorney have for me to release their info as they would have already had my report. If it helps they didn’t even have the correct business address for me. I moved several years ago and they didn’t even care to look up an accurate address. Any advice would be great. I already have an attorney in mind I will be calling if it goes that far. Look forward to your input.
Im not an attorney so take this for what it is. First thing you need to do, if you have E&O, is turn it over to your insurance company and/or attorney. They will tell you what you can and can’t do.
Demanding from an insurance company? ha ha
I would only release files with a proper legal court order, no one else ever.
I don’t think there is a statute that requires you to retain the report for a length of time but the statue of limitations (I think) is five years.
So after five years, I do not have them anymore.
It would take a subpoena before I would release anything.
I addition, I’d pay no attention to his letter…Ignore it .
All they are doing is throwing out a line and see who is going to take the bait.
They’d have to pry it from my cold dead hand…
Maryland does require us to keep it for 5 years from the date of inspection. But I wouldn’t turn it over to an insurance company attorney without a court order. If there is some type of lawsuit there will be a disclosure process between the two parties that doesn’t include me! They can stick it where the sun don’t shine!
Yea this is from an attorney. Apologies I should have been clearer. The attorney who reached out is protecting the insurance company. So I may just need to speak to my attorney just to be sure I’m in line. I noticed on the letter I got they are sending letters to several other people who installed cabinets and such. I’m going to read it over more thoroughly but it doesn’t seem it’s a supoena. Just a certified letter from the attorney.
Texas real estate agents are required to retain records for four years however I don’t believe that extends to home inspectors. Almost all inspection complaints happen before three years. The plaintiff had a copy of the report on every case I have had opportunity to review regarding other inspectors. I can probably go back three years and it may be more if I haven’t drilled a hole through an old hard drive. I agree with the others, I would not release a report without an appropriate legal request.
I would pay a private attorney to give me advice on that before I would give it to my E&O company. Be careful, this could be an insurance company trying to subrogate or recover a claim by blaming you.
Funny thing is I don’t carry E and O just for this reason. My insurance agent actually recommended I only carry general liability seeing as we are not required to carry E and O meaning the attorneys have to sue me personally which usually is more of a rare case.
That sounds like bad advice.
If it was a subpoena there would be a process server at your door with papers.
You my want to consider using spell check. …