My First Liability Claim
After paying liability insurance premiums for over twenty years, I’ve finally had a claim filed against me.
I’ve done undermount sink reattachments at least 50 times over the last 8 years without incident and this was a typical job. The original installer smeared polyester on stone scraps then bridged the sink flange and stone bottom to hold the sink. Non-mechanical fastening like this fails anywhere between 6 months and 6 years later.
Often the sink is completely detached, but I had to drive a scraper into the silicone between the stone and sink flange to get this one to let go. The stainless steel sink, which probably weighed less than 4lbs., broke the CPVC water supply line behind the cabinet and inside the wall on its way down.
It is amazing how instantly focused one becomes with water blasting into the cabinet and onto the kitchen floor. I tried to stem the flow with my hands while instructing the homeowner to turn off the main shutoff. A computer geek type, he had no clue where it was located. I abandoned my post and ran to the side of the house, turned the valve, only to hear the homeowner shout that the water was still coming. In hindsight, I should have just broken or cut the plastic pipe and had the water pump harmlessly onto the lawn and a $1.50 fix. Instead, I ran to my truck, grabbed a monkey wrench, and turned off the water at the curb box. If more than 8 minutes elapsed between the break and shutoff, I’d be amazed, although with water gushing, 8 minutes feels like an eternity.
I returned to the kitchen to find about an inch of water covering the tile floor and wicking its way to the wood floor in the dining room. I commandeered the homeowner’s push broom and swept it through the kitchen garage door where it ran harmlessly to the driveway. I finished rehanging the sink mechanically, told the homeowner “No charge”, and to call a plumber in the morning. Although I’m a licensed Florida building contractor, reattaching a sink is considered maintenance and doesn’t require a license or permit, not so repairing broken supply lines inside walls.
Several days later I received a certified letter from the homeowner’s insurance company stating their intentions to subrogate their expenses on his claim to my insurance company. I immediately contacted my insurance company to see how they wanted to handle the situation. They didn’t seem interested in attending the meeting offered by the homeowner’s insurance company, nor the documentation I had substantiating the repeated failure of CPVC pipe in Florida. (Pipes have broken from simply turning a shutoff valve.) Or in forensic testing of the piece of CPVC I absconded with:
The failed CPVC is on the top, new CPVC on the bottom. Note the color difference.
My insurance lady told me they’d probably just settle; it was less expensive than proving the truth. When she told me they wouldn’t cancel my policy for making a claim, she lied, but my agent says he has another company to resume coverage when this policy expires. I wonder if my premiums will rise?
Now I find and test the main shutoff valve on my sink reattachment jobs before beginning any work.
Comments (24)
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Comments (14)A smart insurance company has finally put together an insurance program for all types of farmers markets vendors! The program provides the vendors with group rates for $1,000,000 in general and product liability per occurrence with a $2,000,000 annual aggregate limit and a zero deductible. This will cover the vendors while at all markets that they participate in. Note that there is no limit on the number of markets in which you can participate. The only requirement is that all such markets must be listed on your application for coverage to be provided. The cost of the policy is $350 per year for vendors that generate less than $100,000 total annual sales at the markets listed. For those vendors that generate in excess of $100,000 in annual sales, the cost of the policy will increase at a rate of approximately $5 per thousand of sales. Premiums are paid annually and once coverage is extended, the premium is fully earned and non-refundable. Coverage is provided by an A rated insurance company. The policy will also name the market as an additional insured so that in the event of a product liability or general liability suit where both parties are named, the market is covered. Visit their website www.campbellriskmanagement.com for more information and vendor insurance applications, or call or email the person below for more information. Larry Spilker Campbell Risk Management 800-730-7475 ext 203 lspilker@campbellrisk.com Here is a link that might be useful: Farmers Market Vendor Insurance...See MoreRenting out my condo, worried about attic liability
Comments (10)"So you think we should close all the storage spaces in the basements, too? They are all common element as well." That is silly. Are not the storage lockers assigned? Are they not written into the contract saying that all owners have use of the basement? If not, that would be weird. I've never rented a place that did not have assigned storage. Otherwise one tenant could hog the whole basement with their stuff leaving no room for anyone else. Neighbor fights start over things like this. You have described a situation in the original post where some owners are using attics that are common for personal living use, and others do not have this same access to use the attics. This is not the same as EVERYBODY using a basement. These attics are not written into the contract agreement. Right? The seller gave you verbal permission to use the common attic when you bought the condo. The President of the association gave you verbal permission to use the attic for your own purposes. Do you realize that he could "forget" that he ever said that? Attic use should be in writing. Say for instance the guy with the workout room in the attic has his friends over to work out or the guy with the train set has parties to show them off, and one of them falls through the weakened floor. Who do they sue? As I mentioned before............are all the owners even aware of the situation? I can't see any of the first floor owners even thinking to ask if the owners on the second floor are running train sets up in the attic, or housing jungle gyms when they are viewing their condo for potential purchase. I would run this by at one of the condo association meetings. The first floor tenants have the right to know what is actually going on in the common areas since they will be liable for its use even though they themselves do not get to use it. And yes, I agree it is a buyer beware and they must exercise due diligence when purchasing one of these condos. That does not mean that there won't be a court battle over a misunderstanding. The other condo owners do not need the hassle of litigation. Everything should be in writing. How hard would it be to draw up paperwork that puts everything regarding attic usage in black and white. This would be more helpful should any problems arise, than someone trying to remember a verbal agreement from years ago that a former condo association president said off the cuff. If something happens up in the attic and there is nothing to go on except a verbal agreement that someones says they remember, or claims they don't remember it, will probably end up in court. When ever something goes to court there are no winners. Lawyers take all from both sides....See MoreHome-based-business liability insurance?
Comments (10)This is what happens to you when you try to do things right. If you want to have some more fun, call your mortgage company and tell them that you are going to start a business in your home. (If you take out a business insurance policy, the mortgage company will, of course, find out that you did that, because they require insurance to be in force as a condition of your mortgage.) There are probably provisions in your mortgage that prohibit turning your home into a place of business. Your city officials may have something to say about it as well, even though you won't have any sign or other exterior evidence of "a business." Before you call anyone else, read your existing homeowner's policy over VERY carefully. You may well find that there are loopholes that could allow occasional business use of your home. It's not like your husband is going to put up a big sign and turn your house into a full-scale business. (Zoning wouldn't even allow that, of course, unless you already live in a commercially-zoned area.) Many of the things people do are probably in some technical violation of a mortgage, insurance policy, or local zoning rule. I'm not saying this is okay, or that people just should ignore these types of things, but there is a reasonable threshold of common sense you have to consider. My position at this point would be that what your husband proposes to do is on a very small scale. If it really takes off and he has customers showing up every day, he'll probably want to take this out of the home into a proper commercial location anyhow....See MoreWhose liability is this??
Comments (20)Sorry to jump into your post, but last night (3am) my husband and I woke to the sound of pouring water. Same thing happened as the OP, but this is our house and the water poured through the downstairs ceiling, causing it to buckle. We thought it was a pipe burst and didn't know who to call at that hour. After calming down, I realized it was coming from the attic and must be the air-conditioner. Shut it off and it finally stopped. We now need to replace our ceiling. This is the second time in 10 yrs. this happened to us. The first time it overflowed into a shower and didn't cause as much damage. We called the installer, who came at 9am and said it was a clogged drain. Cleaned it out and left. Who is reponsible for replacing our ceiling? What a nightmare, Jane...See More
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7 years ago"I am surprised your insurance company has no interest in going after the CPVC manufacturer."
I'm saddened, but not surprised. Insurance is a numbers game, not a justice game.
I paid ten thousand dollars for this brush twenty years ago. It was cheaper than fighting a crooked general contractor. Long story, but kinda the same thing. - PRO
Joseph Corlett, LLC
7 years ago
Ms. Andrews says this means that my sample pipe was so bad they couldn't even test it to see how bad it was.
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