We had a flood in our kitchen

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

We had a flood in our kitchen

Our home is around 6 years old.We had a flood in our kitchen.
The insurance company did not pay for the plumber, I did.
The insurance company is now asking for the PEX pipe, because it has a small hole in it due to the end of a nail in the wood framing of my home.
The insurance company claims that I am interfering with subrogation against the builder.

Do I have to give them the pipe?

What are my options?

I live in CA.

Thank you,
James Bettiger

Asked on July 21, 2019 under Insurance Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, you have to give them the pipe. They have a right to subrogation: that is, to recover any amounts they pay to you from someone who was at-fault in causing the loss. Your policy undoubtedly requires you to cooperate with your insurer--all policies with which I am familiar include that requirement. Therefore, if you don't provide the pipe to help them in their case or claim, you are failing to cooperate, will be in breach of your contractual (an insurance policy is a contract) obligations, and the insurer could sue that as grounds to withheld payment or take other action against you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption