shower pan failure

[rblanchfield]

What is the name of your state (only U.S. law)? North Carolina

It was brought to our attention that we must have some small plumbing or shower pan failure for our masterbath shower. It was discovered upon inspection of our crawlspace that their was mold on the insulation & water marks on the subfloor. However, there were no loose tiles, cracks in the grout or mold in the shower itself. It was a hiden problem. Once we found that there was some sort of problem, we discontinued using the shower and had 2 plumbers come and confirm whether there was a problem. Our State Farm Insurance claim has been denied stating this is not a covered event because it was long term damage. We have a HO 03 policy and our house is only 8 years old. How is this any different than damage coverage from a broken pipe or loose shingle? Isn't damage due to plumbing failure covered?

 

[ecmst12]

A broken pipe is a sudden event, not a gradual wearing out/failure over time.

 

[moburkes]

What is the name of your state (only U.S. law)? North Carolina

It was brought to our attention that we must have some small plumbing or shower pan failure for our masterbath shower. It was discovered upon inspection of our crawlspace that their was mold on the insulation & water marks on the subfloor. However, there were no loose tiles, cracks in the grout or mold in the shower itself. It was a hiden problem. Once we found that there was some sort of problem, we discontinued using the shower and had 2 plumbers come and confirm whether there was a problem. Our State Farm Insurance claim has been denied stating this is not a covered event because it was long term damage. We have a HO 03 policy and our house is only 8 years old. How is this any different than damage coverage from a broken pipe or loose shingle? Isn't damage due to plumbing failure covered?

Broken pipe would generally be covered, but a loose shingle likely not. That's a maintenance issue.

 

[vickiehas2]

I would attempt to have a public adjuster or State Farm reevaluate the claim. I lived in Florida, my shower pan did the same thing, there was nothing visual to make us aware of any maintenance issue. Our entire master bath had to be remodeled and everything replaced. I believe you should seek atty if 2nd adjuster denys...it's worth a try!

 

[alligatorob]

It may make some difference what damage you are trying to get covered. If it is the leaking shower pan itself you will have a harder time than if it is other damage caused by the leak. In my experience the cost of fixing the shower pan itself is substantial and in an 8 year old house with a leak into a crawl space the water damage may not be too great. And unfortunately it is easier to get coverage on the secondary damage than to fix the shower pan. Most shower pans fail eventually, but 8 years is way too soon, I suspect a faulty installation.

That said there is no harm in asking a different adjuster to look at it or to be more aggressive in your claim. What insurance companies will and won't pay for is often an arbitrary decision on the adjusters part, one adjuster may be more generous than another.

Spoken as someone who is not an attorney, but who has made a number of homeowner's insurance claims.

 

[Labtec600]

How are they proving that it was long term damage? Have you received a disclaimer letter?