by bcleve23 » Sat Jan 21, 2012 06:45 pm
We purchased a new dishwasher 11/26/11 and had it installed. In early Jan 12 we began noticing damage to our bamboo kitchen flooring. Had the installer back to check their work. They said it was installed correctly. Had LG out (the Manufacturer), who found a leak on the side which they said could have been due to improper installation. Regardless, we are stuck with over $1200 in replacement for our flooring. Contacted Allstate who told me they don't cover damage due to leakage; only large "flows" of water. It wasn't like my Wife and I neglected the damage. The water was underneath the flooring on the slab and came up through the flooring to cause the damage. Need advice. Help??
Posted: Sat Jan 21, 2012 09:21 pm Post Subject:
Small flows of water is not an exclusion under the policy. A claim has not been denied until it's put in writing. Do you have a letter from Allstate denying the claim? what is the reason given in that letter?
They may deny it as not being sudden.
Posted: Sun Jan 22, 2012 12:44 am Post Subject: Dishwasher leak
No, I do not have a letter from Allstate. I phoned them yesterday and verbally they told me that since it was not a "rush" of water that it was not covered. I asked if the bottom had fell out of the dishwasher and there had been a resulting rush of water then the resulting damage would have been covered. They answered yes. The problem I'm having is that its almost as if I was negligent in not noticing the issue and fixing it. As soon as we did notice we took action and had the LG technician come out to fix. by then the damage was done.
Posted: Sun Jan 22, 2012 12:50 am Post Subject:
Did you call your agents office? :twisted: Your agents office should not be denying claims.
The difference between the two are as I mentioned, being "sudden".
The problem I'm having is that its almost as if I was negligent in not noticing the issue and fixing it
Yes, I agree an this is a grey area. Should you have known about it. The wording of the policy really comes into play on something like this. If a claim was not taken you can feel free to have the claim reported. A claim is not denied until your insurance company sends a written denial.I've seen many policies cover this type of loss... I've seen some of these claims denied.
Posted: Sun Jan 22, 2012 01:56 am Post Subject: Dishwasher leak
The other complicating factor with this was that our house is on a concrete slab and the leaking water was not on top of the flooring but on top of the slab. The bamboo flooring wicked it up internally and the damage showed up in the surface of the bamboo. So it wasn't sudden like a hot water tank issue, but damage non the less. So you believe we should go ahead and ask Allstate to file a claim and have an adjuster come out? Would it be advisable to have an independent adjuster come out for a free consultation?
Posted: Sun Jan 22, 2012 06:54 am Post Subject:
If you believe the problem was due to faulty installation, then you can avoid the insurance claim and sue the installer in small claims court instead. Let his insurance pay the claim. You'll need LG's opinion that the installation was wrong in writing to prove your claim in court.
Posted: Sun Jan 22, 2012 06:57 am Post Subject:
The water was underneath the flooring on the slab and came up through the flooring to cause the damage
How do you think the water managed to get between the flooring and the slab, if it did not accumulate on the slab through the flooring?
Posted: Sun Jan 22, 2012 09:19 pm Post Subject: Dishwasher leak
Water is a funny thing. In this case it did not show up on the flooring surface but found its way under the kitchen cabinets on the slab and then in between the slab and the flooring. The dry flooring "wicked" the water up and the damage began showing up internally on the surface of the flooring. The bamboo flooring is a laminate that is glued down to the concrete surface using an adhesive. The tool used leaves small spaces that the water can move into on the concrete surface and then up into the wood.
Posted: Tue Mar 13, 2012 11:34 pm Post Subject:
As the other poster mentioned I have never seen a policy that discusses the amount or flow of water needed to either pay or deny a claim. What almost all policies do have is an exclusion of "Constant or Repeated Seepage or Leakage". This will usually have a time frame associated to it typically worded "over a period of weeks, months or years" or sometimes they state "over 14 days". This denial does get used on a regular basis and I don't always agree with it as it is very difficult to put a timeline on how long a leak has been going on. I recently wrote a blog on the topic, here is the link: http://claimconcepts.com/common-claim-denial-repeated-leakage-or-seepage /
Please let me know if they end up giving you any other reason for denying the claim but I am confident that this will be why the deny it if they do.
On another note, I would look very closely at your cabinets as they too may have water damage from this loss.
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