My question involves a consumer law issue in the State of: ILLINOIS
In 2009/2010 our flooring had water damage due to leak from hot water heater. Our insurance company, very good company, paid to have floor replaced. I don't think they would have sent us this contractor without bonded/insured as a "preferred provider" without it. So they say they provide a 3 year warranty. Fast forward 2011, the floor is buckling/seperating in areas so we contact flooring co. Result we learn floor was glued, it was a glue less floor. So they replaced it again two times and now we are at 2014. Same problem. Today I am told that it is out of warranty and go to my insurance company. My insurance co. says they can't cover it because it was "improperly installed"per an independent adjuster if I file a new claim.
He claims because it is on a concrete slab it should have had a moisture barrier not just the thin form like underlayment. If the company did not lay down right material are they liable? Also, my insurance paid for a more expensive floor, which I don't think I got if the project manager mentioned it was from Lumber liquidators. Is that fraud? My whole floor needs replacing. It is about 900 sq. Ft. out of 1400. Ranch style. All like of sight.The lady at flooring co. has been nothing but rude and claiming it was out of warranty. But I have an email from June 2014, 5 months after install that I says floor is doing the same thing buckling/seperating.
Independent adjuster says that is water damage and he used a guage that said moisture content in floor is hi. He DID NOT LOOK UNDER FLOORING. I believe I have pictures of the flooring from then too.I have had a critically ill child through all this and replacing a floor for a 4th time is the last thing I want to do. What is my recourse? Against who? I never selected these guys they were sent by my insurance company. I asked them to provide the proof I signed anything claiming a 3 year warranty. I don't think they can. What are my options? Who do I believe? Do I tear up flooring to see what was laid? I hate the thought of doing small claims court...flooring was about 10K that insurance paid.