Legal Question in Insurance Law in South Dakota
Faulty Plumbing Job
I recently completed a new home which I had built for my family. The plumber admitted in front of witnesses that his hired man installed the sink connection incorrectly and he was going to go a correct the same problem in 28 other homes. In short, our water line burst and flooded part of the house. I am working with his insurance company, but they are haggling over what really needs replaced (Ex. Banister base now looks like a canoe because it has warped 1/4''). If they put their foot down and do not pay for this, can I take the plumber to small claims court and recover the remaining damages or is he covered by his insurance company? The point is that this was not my fault and we had only lived in the house for 3 weeks. It was essentially brand new!
2 Answers from Attorneys
Re: Faulty Plumbing Job
If you hire a general contractor to give you a written estimate of repairs, your task will be much easier. Then you have an expert telling the insure what needs to be done. If not, then you will still need that expert's report if you sue the plumber so the judge knows what damages you suffered.
And your own homeowners' insurance should cover your repairs, so why didn't you report it to them also? Perhaps they will fix your house better and quicker.
Re: Faulty Plumbing Job
You would have to sue the plumber; if your suit falls within the scope of hus liability coverage then his insurance company would then defend him and pay any damages you ultimately win.
You have no basis upon which to sue the insurer directly, since it did not injure you and since the contract it must obey is with the plumber and not with you.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
