Plumbing Damage to Property – Get Help With Subrogation Today!

Damages resulting from water are one of the most common homeowner claims and are often very costly.  High paid claim dollars can result if the leak is not detected early.  Because plumbing is often hidden (running behind walls, in attics and in many instances encased in cement below the floor) water can be running for some time before a loss is discovered.  Most homeowners and business owners do not conduct an inspection of piping, fittings, and hoses and rarely even give much thought to them all until they are ankle deep in water!  Subrogation may exist if faulty plumbing work is the culprit or defective materials can be established but in most instances, the failure and ultimate loss is simply age.

The use of plastic (CPVC) materials has become universal in the plumbing industry mostly due to its low cost.  In addition, plastic is lightweight, easy to work with and does not rust.  However, plastic plumbing parts are frequently made of poor plastic material, are improperly shipped, are poorly manufactured or the part design may be substandard for its intended use.  Imperfect product installation is also a contributing factor to water damage claims.  There have been many instances where pipes are laid in slab work by one worker who is followed by another gluing the line together who unfortunately misses a few joints.  The pipes are then covered by cement and usually maintain their connectivity for a few years, then eventually start moving apart which results in a very costly slab leak.

For a Subrogation Specialist to be successful in pursuing a subrogation claim against the proper party in water damage losses the investigation must include onsite exploration of the plumbing system to determine the failure as to whether there is a  design or manufacturers defect or possibly an installation or maintenance problem.  A plumbing system less than 10 years old should not fail. Hiring the proper expert to conduct an inspection may be somewhat costly but the dollar amount of the paid claim often justifies the expenditure on water damage claims.  That is where we at Stephen Barker Law come in and save you time, energy, and money with a highly experienced professional like Stephen Barker. Contact us today so we can work together and solve your subrogation case at (561) 910-4340 +15619104340.

Subrogation Tactics Involving Heavy Equipment Fires

Heavy equipment fires occur frequently and can lead to substantial losses. The loss of the equipment itself is often compounded by the insured’s loss of use of the equipment.  For businesses that rely extensively on heavy equipment (e.g., agricultural and construction businesses), the loss of use/business interruption claim arising from such a fire can be staggering.

Heavy equipment is often used in undeveloped areas not readily accessible to fire departments. As a result, the equipment is often badly damaged by the fire, creating challenges to identifying the point of origin. Subrogation recovery for such fire will hinge on proper investigation immediately after the loss occurs. The following are some tips to guide a subrogating carrier’s investigation in heavy equipment fires.

In analyzing a heavy equipment fire case, it is important to gather data and evaluate the maintenance history of the equipment. Lack of maintenance of hoses carrying hydraulic fluid can be problematic, as these rubber hoses become brittle and prone to cracking over time, creating the potential for the failed hose to discharge pressurized, flammable hydraulic fluid onto hot parts of the equipment’s motor or exhaust system, resulting in a fire. Thus, one of the first steps in evaluating the recovery potential of a heavy equipment fire claim is to determine whether the equipment was properly maintained. A diligent insured will keep log books recording each instance of maintenance to the equipment. The carrier should request such maintenance records from the insured at the outset of such a claim, as those records can substantially inform the subsequent investigation.

Additionally, some heavy equipment fires may occur at job sites where there is already a fire in progress. In a land clearing project, for instance, there is usually a pile of cleared wood and vegetation being burned. This creates a significant potential for the equipment operator to move the equipment too close to the burn pile, causing combustible components of the equipment to ignite. On many pieces of equipment, the cold air intake is located at the rear of the machine, behind the operator. We have investigated several fires wherein the operator, looking forward, did not realize that the rear of the machine was perilously close to a burning debris pile, and a smoldering ember is sucked into the machine’s cold air intake, causing a fire in the engine compartment. This potential fire cause makes it crucial that the subrogating carrier establish the pre-fire location and movements of the equipment as soon as possible following a loss. The carrier should make every effort to obtain this information directly from the operator of the equipment and other individuals who were actually present when the fire occurred; obtaining the information from a foreman or company representative who was not present at the time of the loss is not a substitute for first-hand statements.
Finally, the carrier should be aware that not all fire investigators and engineers are created equal for purposes of investigating a heavy equipment fire. If possible, the subrogating carrier should retain a fire investigator familiar with heavy equipment fires and a mechanical or electrical engineer who specializes in heavy equipment, as non-specialist fire investigators and engineers may not be able to quickly and accurately identify all potential ignition sources on the relevant equipment.

Having learned the ropes of subrogation in terms of heavy equipment fires, it is best to work with a lawyer that specializes in subrogation like Stephen Barker. His expertise and knowledge of assisting clients through subrogation claims will help you get what you deserve from insurance companies and insure that you are not left in the ashes from fires.