My new home plumbing pipe burst. and caused water damage. Builder refused to pay. I filled claim with my Insu.Can I still sue builder after Insu paid

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Oct 17, 2015

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Insurance Question from Cumming, GA

Asked on 10/17/2015

My new home plumbing pipe burst. and caused water damage. Builder refused to pay. I filled claim with my Insu.Can I still sue builder after Insu paid The builder of my new home is saying since my insurance has paid me they can't pay me as they will have to pay my insurer since they will come after them for my claim. Is this true.

Answer given on October 20, 2015

If a pipe bursts in your home and you file a claim with your insurance company, you are asking them to resolve the issue. If they paid for all damages to your home, then you are reimbursed by them completely. The insurance company may well go after the builder for the damages they had to pay out. If they do, and collect the full reimbursement, they should reimburse any deductible that you had to pay. If this is what happens, the builder will not be willing to pay you again for the damages. However, if the insurance company does not try to recover the money, you could be out the deductible and may try to get the builder to pay that.Of course, you can sue anyone for anything, but the cost of trying to get additional funds from the builder may not be worth your time and money, since you will most likely need to hire an attorney for the lawsuit. You may want to just let this go since everything has been fixed.

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