On June 5th Summers Transportation picked up many items of furniture from my residence and stored them in their warehouse. On October 21st 2003 Summers Transportation dropped off all of the items that they had picked up in June.
Upon delivery of a 5 piece sectional couch and king size mattress the movers noticed that the items were moldy and water damaged. We took pictures and the movers took the aformentioned items back to their place of business.
Summers Transportation began a claim with their insurance company so that their insurance company could pay for our loss. (which turned out to be $3,142.81, we had kept the original receipts) We received a letter from the insurance company dated November 26 stating that the claim was denied because of a policy exclusion that stated mildew is excluded as a loss regardless of how it was caused.
Over the next 4 months the owner of the company refused to return our phone calls and began to say that he was not responsible for the damage.
On April 27 we filed a claim in small claims court to try and either get the furniture back or be reimbursed for our loss. We lost the case because the judge said that we didn't have proof of what the "fair market value" of the furniture would have been at the time of the loss. (even though we had pictures of the damaged furniture and the original receipts) Upon leaving the court room we asked the owner of Summers Transportation for our furniture back, he stated that they had threw it out.
We not only lost a king size mattress that was only 1 yr old and a 5 piece sectional couch (with recliner built in), but also had to go into debt to buy another mattress and couch set.
Summers Transportation got away with damaging and throwing away our furniture worth over $3,100 dollars.
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