We had a flood in our kitchen

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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
jbettigerhotmail.com

Asked on July 21, 2019 under Insurance Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year 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.


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