In the following situation is there a call for a criminal charge of "reckless endangerment?" If "yes" against whom; and is there also call for a charge of "conspiracy?"
In September 2007, there was a minor water leak in the kitchen ceiling of my condo in a seven story brick and steel high rise built in 1964.
My insurer told me that if I remove my property or move out of the condo before their adjuster inspects (the open walls and ceiling), then the insurer will deny me reimbursement for moving expenses.
Despite my telling (and writing) the management company and my insurer that I am an extremely allergic person, the management company ripped open the kitchen ceiling and wall, thereby exposing me, my real estate and personal property to dust, dirt, mold, etc. that were in the ceiling and wall "voids."
The management company ripped open the ceiling because it wanted to look in my ceiling for a source of the leak and my insurer wanted to know the source of the leak, in order to determine if mine was a "covered loss."
Neither the management company nor my insurer made any effort to isolate the area where the ceiling was being torn down; no plastic barriers, no negative air machine, no hepa filter.
The day after the management company rips open the kitchen wall and ceiling, my insurer's adjuster and my insurance's company's remediation company discover in my open ceiling and walls, what they believe is torn asbestos pipe wrap. They immediately inform the management company and, in writing, confirm their "asbestos" findings two days later with a letter to the management company and to the insurance agent for the condo association, but no one informs me of the probable presence of asbestos.
My insurance company conducts limited surface testing for mold in my condo, but does not test for asbestos or asbestos contamination. The insurance company for my condo conducts air sampling tests for mold.
My insurer pressures me to remove my property from my condo (without testing for asbestos and without remediating for mold or asbestos).
I sue my insurer for "bad faith" and (in 20010) discover, during "Defendant's Production of Documents," letters and notes relating to my insurer's treatment of their adjuster's report that my condo was being exposed to asbestos.
I discover that my insurer hid and suppressed the information that my condo probably was being exposed to asbestos—and that my contractors, movers, appraisers, independent adjuster, lawyer and I, probably, were being exposed to asbestos when we inspected my condo.
According to documents obtained from my insurer, my file was reviewed by multiple parties within the insurer's claims and adjustment sections, including by management and counsel.
In 2010, the management company received a "serious violation" notice from OSHA (and was fined) relating to the management company's improper handling of potential asbestos situations in my building.
What do you think?