Defective Kenmore Elite Dishwasher Damaged our Home

[rwilsond]

We live in California, and we purchased a new Kenmore Elite dishwasher in July 2014 from Sears. In April 2016, the dishwasher leaked and heavily damaged our new floor and cabinets. The manufacturer (Whirlpool) and seller (Sears), have known of the common defect for many months - maybe even a year or more. However, we NEVER received a notice of any kind from Sears or Whirlpool of this defect. Although we are covered by our homeowner's insurance for the damaged property, they have dropped us and we must now pay thousands of dollars extra over the coming years to a lower-grade insurer with a very high deductible.

We believe our insurance company will recover via subrogation (strange how this word has a red squiggly line, for a legal forum). Nevertheless, we wish to be compensated for the stuff that we are NOT covered for: additional cost to us for new insurance over the next few years; the huge amount of time and trouble this has cost us; and the cost of replacing the defective dishwasher.We are considering filing a class-action lawsuit, as well. Whirlpool tells us that we gave up our right to sue them when we filed the claim with our insurance company.

Are they right?

Can we sue Sears and Whirlpool, despite having filed a claim with our homeowners insurance?

If so, we hope to get some legal advice as to what chance we have of winning, and what kind of lawyer we should retain. We also are looking for advice regarding filing a class-action lawsuit, since there have been many similar cases with this particular appliance.

 

[Zigner]

We live in California, and we purchased a new Kenmore Elite dishwasher in July 2014 from Sears. In April 2016, the dishwasher leaked and heavily damaged our new floor and cabinets. The manufacturer (Whirlpool) and seller (Sears), have known of the common defect for many months - maybe even a year or more. However, we NEVER received a notice of any kind from Sears or Whirlpool of this defect. Although we are covered by our homeowner's insurance for the damaged property, they have dropped us and we must now pay thousands of dollars extra over the coming years to a lower-grade insurer with a very high deductible.

We believe our insurance company will recover via subrogation (strange how this word has a red squiggly line, for a legal forum). Nevertheless, we wish to be compensated for the stuff that we are NOT covered for: additional cost to us for new insurance over the next few years; the huge amount of time and trouble this has cost us; and the cost of replacing the defective dishwasher.We are considering filing a class-action lawsuit, as well. Whirlpool tells us that we gave up our right to sue them when we filed the claim with our insurance company.

Are they right?

Can we sue Sears and Whirlpool, despite having filed a claim with our homeowners insurance?

If so, we hope to get some legal advice as to what chance we have of winning, and what kind of lawyer we should retain. We also are looking for advice regarding filing a class-action lawsuit, since there have been many similar cases with this particular appliance.

Just as a note - subrogation doesn't show as misspelled for me - maybe it's your browser?

We had a similar situation in my home (mine having to do with a defective ice maker.) My insurance covered things in full (less my deductible, of course). My insurance costs didn't go up and my insurance company didn't drop me. Perhaps you need to shop your homeowners insurance a bit to find a better policy with a better company.

As to your other questions: Time and trouble isn't compensable. Replacing the defective dishwasher isn't a remedy that you are provided under your warranty.

Realistically, you have been made whole by your insurance company and, if your insurance company is successful in recovering the costs through subrogation, you will even be reimbursed for your deductible.