Insurance

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Vipul Shah
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Insurance claim denied

Vipul Shah
Posted Mar 24 2023, 14:06

I have a rental property in Orange county, California. We had a water leak and damaged the property. The plumber reported that "Burst copper pipe connecting to tub was the determined problem.  Tech found leak on 1/2 copper pipe that’s feeding the upstairs tub." However, Insurance denied my legitimate claims saying burst pipe is not covered.

 Is anyone here, had similar experience and got coverage by insurance. Any help and guidance is appreciated.

Any recommendation on hiring an attorney for this case? if so, any recommendation for attorney.

Thank you in advance.  

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Sam Yin#4 General Landlording & Rental Properties Contributor
  • Los Angeles, CA
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Sam Yin#4 General Landlording & Rental Properties Contributor
  • Los Angeles, CA
Replied Mar 25 2023, 10:37

@Carlos Ptriawan

So very true. I am always very cordial and very nice to the adjuster.

I make sure the scene is prepared for them so there is little left to be questioned.

Since you discovered it, you should have already went to go check it out before making the claim. Thus, after reviewing your coverage thoroughly, you should be aware of what is questionable and what is indisputable. Therefore, prepare the scene and make it seamless for the adjuster. Or else, do not put in the claim and save the headache of possible nonrenewal in the next cycle.

Remember, if/when you decide to sell, the next buyer might ask for a loss run report. It can make or break you deal. Just saying...

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John Morgan
  • Rental Property Investor
  • Grand Prairie, TX
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John Morgan
  • Rental Property Investor
  • Grand Prairie, TX
Replied Mar 25 2023, 11:46
Quote from @V.G Jason:
Quote from @John Morgan:

Avoid State Farm at all costs. I had a burst copper pipe with Germania and they went above and beyond. Total damage was 33k they gave me when it was all said and done.

Avoid, but they went above & beyond?
Yes, Germania was great and went above and beyond. And kept checking in with me to see if I needed anything else. And they even questioned me if I was claiming enough personal value on some things they thought I might have underestimated. Lol 

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Jonathan R McLaughlin
  • Rental Property Investor
  • Boston, Massachusetts (MA)
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Jonathan R McLaughlin
  • Rental Property Investor
  • Boston, Massachusetts (MA)
Replied Mar 25 2023, 14:32

@Vipul Shah the phrase “ensuing damage” will be your best friend in the mouth of a lawyer. Get one who can write a competent claim letter and request for an independent adjuster and I would be shocked if they didn’t move to a settlement amount quickly. It’s a numbers game for them and at this amount probably worth it to offer you something reasonable if their interpretation is not ironclad.

Went through this with bad contractor work when insurance wouldn’t pay for water damage but paid for ensuing damage from the water. It amounted to pretty much the same thing and amount was similar. Reasonable cost.

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Jonathan R McLaughlin
  • Rental Property Investor
  • Boston, Massachusetts (MA)
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Jonathan R McLaughlin
  • Rental Property Investor
  • Boston, Massachusetts (MA)
Replied Mar 25 2023, 14:35

@Randall Alan that’s fascinating. Our attorney advised the opposite with the caveat to take a lot of pictures. Different states though. One thing people forget is that lawyers can represent you in the mediation and that an action can often supersede despite all the language the companies put in.

Feel like these guys are just check caching pawn shops with nicer suits

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Replied Mar 25 2023, 18:35
Quote from @John Morgan:
Quote from @V.G Jason:
Quote from @John Morgan:

Avoid State Farm at all costs. I had a burst copper pipe with Germania and they went above and beyond. Total damage was 33k they gave me when it was all said and done.

Avoid, but they went above & beyond?
Yes, Germania was great and went above and beyond. And kept checking in with me to see if I needed anything else. And they even questioned me if I was claiming enough personal value on some things they thought I might have underestimated. Lol 
Sorry misread. Thought you were still referring to State Farm when you said you went above and beyond. I'll have to check Germania out.

Does anyone here use USAA?

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Judy Parker
  • Rental Property Investor
  • Closter, NJ
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Judy Parker
  • Rental Property Investor
  • Closter, NJ
Replied Mar 25 2023, 21:55

Just curious...why did the copper pipe burst? You are in California, so I assume it didn't freeze? Once it burst, why didn't someone immediately shut off the water at the meter, to minimize damage? Had it been leaking for some time and nobody noticed? I had a similar situation - for many months water would occasionally leak through ceiling of first floor apartment. It took quite some time to pinpoint the leak. It was the copper pipe leading to upstairs tub - had a split in it. Each time the upstairs tenant used the tub, water leaked to downstairs unit.

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Peter Mckernan
  • Residential Real Estate Agent
  • Irvine, CA
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Peter Mckernan
  • Residential Real Estate Agent
  • Irvine, CA
Replied Mar 26 2023, 07:25
Quote from @Vipul Shah:

I have a rental property in Orange county, California. We had a water leak and damaged the property. The plumber reported that "Burst copper pipe connecting to tub was the determined problem.  Tech found leak on 1/2 copper pipe that’s feeding the upstairs tub." However, Insurance denied my legitimate claims saying burst pipe is not covered.

 Is anyone here, had similar experience and got coverage by insurance. Any help and guidance is appreciated.

Any recommendation on hiring an attorney for this case? if so, any recommendation for attorney.

Thank you in advance.  


 Sounds like they are avoiding the actual problem that they are responsible for as an insurance company. I would get an attorney.. If you need a couple OC attorneys let me know, that is the route I would take. 

  • Real Estate Agent Ca (#01968986)

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Ryan Kelly
  • Real Estate Broker
  • Austin, TX
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Ryan Kelly
  • Real Estate Broker
  • Austin, TX
Replied Mar 26 2023, 09:14

@Wendy Man I’ve had good experiences with both Liberty Mutual and Travelers. We had an ice storm in Austin back in 2021 and suffered a burst copper pipe above the kitchen in one of our rentals, doing significant damage. They had a restoration crew out within 24 hours and covered all the damage ($6,000+). I personally avoid Allstate and State Farm as I’ve seen them deny claims at a much higher level.

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Sean K.
  • Insurance Agent
  • 07930
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Sean K.
  • Insurance Agent
  • 07930
Replied Mar 29 2023, 18:39

I am seconding what another person posted before.  Your agent should have told you to make sure when you call to say it was "sudden and accidental" assuming it was.  I have never had a burst water pipe damage not covered.  As previously stated the pipe itself would not be covered but damage would be.

The caveat to this is if you for some reason had what we call a DP1 policy form.  this is basically a "fire only" type policy and water would not be covered.  I generally try not to sell them unless requested.  You need to read the "exclusions".

Insurance Agent Pennsylvania (#665254) and New Jersey (#1025449)