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I had 3 busted pipes (one frozen pipe, one sewage line as it

was leaving my house and...
I had 3 busted pipes (one frozen pipe, one sewage line as it was leaving my house and a sump pump line right as it was leaving my house) The insurance paid some of the water damage in all 3 areas in my basement.
BUT, I have foundation issues and cracks thru my basement walls from the water pressure or movement and they will not pay. They are stating that the movement wasn't caused by these leaks.
I have the water damage endorsement AND the foundation endorsement added onto my homeowners.
If a great deal of soil was sucked down the sewage line before I realized that it was busted and that created the movement(loss of soil down the sewage line break 2" out of the house) Is this covered? They did pay for water damage inside there AND they sent a plumber out to do the repairs
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Answered in 9 minutes by:
9/2/2013
CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10,244
Experience: Civil litigation attorney for individuals and businesses.
Verified

William B. Esq. :

Dear Customer, thank you for choosing Just Answer. My name is XXXXX XXXXX I would like to assist you today.

William B. Esq. :

I am sorry to learn of this significant damage to your home, and the failure by your insurance company to pay for it.

William B. Esq. :

Unfortunately, my best advice for you is to tell you to "go get an attorney" (I know that customers do not come to this site to be told to go hire legal counsel, but if you are going to be filing a lawsuit against your insurance carrier for what is called "bad faith" you will want to be represented, these are complex cases and your investment in counsel will be well worth it).

William B. Esq. :

Your insurance company has breached its contract with you to provide insurance coverage to you. State statutes protect homeowners such as yourself from insurers who fail to provide coverage after an incident or claim is filed, and insurance companies can be held civilly liable not only for the cost of repair, but also for punitive damages for the failure to provide coverage.

William B. Esq. :

Here is a link to the Texas "Bad Faith" statute: http://www.statutes.legis.state.tx.us/Docs/IN/htm/IN.541.htm this statute governs the practices and coverage policies for insurance companies engaged in the practice of providing insurance to citizens of Texas.

Customer:

so, you can't really answer any of my questions?

William B. Esq. :

No, I can tell you that you have a claim. You can sue for coverage for the full amount of the damage, plus the punitive damages for their failure to cover you.

Customer:

ok

William B. Esq. :

But, I can also tell you that pursuing these claims against insurance companies is a specialty. If I have a client that requires bad faith insurance I will often refer them to a specialist

William B. Esq. :

This does not mean you cannot pursue the claim individually "pro se" you already have your expert reports showing the link for damages, and you can file the civil case. But I would hate to see you lose a good case on good facts just on procedural grounds.

Customer:

I know all of that. I was hoping to get more 'detailed' info on my homeowners contract. I have the extra endorsements, but they are saying sewage lines and sump pumps are covered. I understand IF they BACKUP into my house, it's not, but busted lines should be, esp since they already paid part for those.

Customer:

I need to see EXACTLY what's covered by my contract

William B. Esq. :

Without having read your policies, the additional endorsements you have purchased, and paid good money for, should cover these damages. I cannot review your specific contract through this site (we cannot practice law - interpretation of these documents is legal practice for terms of the site and my bar association - through the website), but I would be surprised if these issues are not covered. FURTHERMORE, with good counsel, it is often possible to get these coverage terms extended so that they do cover the losses you have actually suffered (remember contracts are subject to interpretation, right now the only interpretation you have is the insurance company's).

William B. Esq. :

(I know I cannot offer the specific "x is covered, y is not" through the website, but that is due to our restrictions, I can give you direction on how these matters are interpreted generally, and how policies can be interpreted once they are actually litigated - in general they are interpreted in favor of the policy holder).

Customer:

So IF my interpretation of them sounds completely reasonable to believe these matters are covered, then they can be held liable whether or not SF says they are or not? It can be left up to the judge/jury to decide?

William B. Esq. :

That is correct.

Customer:

thx

CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10,244
Experience: Civil litigation attorney for individuals and businesses.
Verified
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CalAttorney2
CalAttorney2
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Category: Legal
Satisfied Customers: 10,244
10,244 Satisfied Customers
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