Cast Iron Pipes Lawsuit Attorney Tampa Florida
Cast Iron Pipe Lawsuit
Attorney Tampa
Cast Iron Pipe Lawsuit Lawyer Tampa Florida
Was your Florida house built before 1975? Then you likely have cast iron pipes connected to your home. These pipes have been found to fail causing many problems for the homeowner. There has never been a class-action lawsuit regarding cast iron pipes. Where do you turn? Your homeowners insurance of course.
But they may deny or underpay these claims. If that is your case then you need an experienced attorney to assist.
Claim denials do not mean "end of conversation". Call us to find out if you have a lawsuit against your insurance company.
We Fight the Insurance Companies!
- Attorney Matt Kassel (813) 278-7406
Cast Iron Pipes Claims in Florida:
If you have a homeowners insurance policy, then it probably covers any sudden and unexpected water damage due to a plumbing malfunction or broken pipe in your home. To that end, coverage under your policy will probably also include compensation for damages caused by deteriorating cast iron pipes and for the replacement of the broken pipe itself. Many homes built before the 1980s have cast iron pipes. These pipes can, and most likely will fail over time.
Many homeowners insurance companies attempt to deny coverage for many different pipe leaks, broken pipes, and water damage claims, including those related to case iron pipes. They do this based on a variety of complicated policy exclusions. For example, some may argue that eroded cast iron piping and the resulting damage to your home is gradual wear and tear and excluded from coverage.
Regardless of the reason for the homeowners insurance company’s denial or underpayment of your cast iron or other broken pipe claim, that denial or insufficient payment does not mean ‘end of discussion.’ Even if you have been denied or offered an insufficient payment, your policy may still afford you coverage or additional compensation.
Find out more about how you can bring a cast iron pipes lawsuit.
What are Cast Iron Pipes?
Cast iron piping is outdated plumbing that was used for centuries in the construction industry before it was replaced by today’s more resilient plumbing materials. Cast iron plumbing is made primarily from iron, which oxidizes due to its contact with water. Over time, the piping will develop leaks and fall apart.
Corrosion of cast iron piping can occur both internally and externally on the pipe. As the pipe corrodes over time, small rounded projections will form on the interior of the pipe. These projections are called tubercles. As tubercles form inside the pipe, they trap bacteria and allow microbial build up. That increases the rate of corrosion, eventually causing a loss of pipe structure. In some plumbing systems, the bacterial buildup can create acidic gases like hydrogen sulfide which can further corrode the piping.
Generally, cast iron pipes can have a long lifespan. However, they may develop problems and begin to deteriorate within 25 years after installation.
There are many common signs of failing cast iron pipes, including:
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Slow Drains
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Clogged Drains
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Water Damage To Home
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Mold Growth
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Sewer Back Up Into Home
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Bad Odor
These issues are not minor and can drastically affect living conditions. Most old cast iron pipes used in your home’s drainage system will show these symptoms eventually.
Cast Iron Pipe Usage in Florida
Modern homes, particularly those built after the 90’s, predominantly use PVC pipes and in some cases other types of metals for plumbing. Cast iron pipes are more likely to be used in older homes built during or prior to the 70’s.
Estimates suggest that cast Iron pipes have been used across the U.S. in millions of homes. In Florida alone, almost two and a half million homes have cast iron pipes that may be failing.
One reason cast iron piping fails as a plumbing material is because Florida’s environment is moist and the air and water is rich in minerals and salts. This environment is perfect for speeding up the process of corrosion in cast iron pipes.
To add insult to injury, some homeowners are told by their insurance company that damage caused by corroded plumbing is not covered under their insurance policy, including water damage to kitchen and bathroom cabinets, flooring, drywall (ceiling and walls), and wood beams, joists, underlayment, ext. Even if the insurance company takes this position, there still may be coverage for your claim.
Cast Iron Pipe Insurance
Generally, insurance companies may argue that cast iron pipe issues are a result of normal wear and tear occurring over time and are not covered. The insurance company may further argue that since cast iron pipes are expected to degrade due to contact with water, coverage is not available under the policy. Some homeowners may be surprised when their pipe claim is denied. Many clients say that they were not advised of the policy’s provisions when they chose their insurance company.
If cast iron pipes are damaged due to no fault of your own, the claim is probably covered under your policy. Additionally, your policy probably provides coverage for replacement and repairs. If your cast iron pipe claim is denied, regardless of the reason, or the insurance company offers you insufficient compensation, you may still have a case.
Insurance companies have all the resources in the world, including teams of attorneys, whose jobs are dedicated to drafting the language in your homeowners insurance policy and protecting the insurance company. For that reason, the insurance company expects that the individual homeowner, on their own, will not understand the details of the policy and its coverage. The insurance company also has experts who they retain to represent their interests in evaluating your claim. When you hire an attorney, however, you can even the playing field.
Insurance companies may also find other ways to underpay your claim. They can look for reasons to reduce your payment during conversations with you and your family members and during the course of their investigation of the claim. You should always use caution when discussing the details of your claim with the insurance company, and preferably not do so without the assistance of counsel.
Sometimes the insurance company can delay the matter and take years to pay your claim, hoping that you will fatigue from the dispute. In some cases, the company can even deny a claim completely, even though the policy provides coverage.
Make sure that you understand your insurance coverage, and how to submit the claim in a way that maximizes its value. If you need help, it is a good idea to get an attorney involved for guidance prior to attempting to file the claim yourself.
Insurance Claim Rejection
If you have a busted cast iron pipe and make a claim, the insurance company will send a plumbing technician to examine the pipe and damage. The technician will submit a report of their findings to the insurance company based on their evaluation of your home. The insurance company will then decide whether to accept or deny coverage for your claim.
If the insurance company accepts coverage, or accepts coverage in part, and denies coverage, in part, the company may offer you some compensation. You should not accept payment first without seeking a consultation with an attorney. There are many times that the partial compensation offered by the insurance company is not the true value of your claim.
It is important to keep in mind that insurance companies in Florida have developed complicated rules and conditions to deny claims and maximize profits for their shareholders. Most of these rules are designed to absolve the insurance company of its liability for your claim.
If you hear a ‘no’ from the homeowners insurance company, do not panic. An attorney who is experienced in these types of claims can make a significant difference.
Many people don’t bother to push the claim further after it has been denied. Some even try to pursue a lawsuit on their own. Homeowners who utilize these approaches will unlikely realize the true value of their claim.
How to File a Cast Iron Pipe Claim
The best thing to do to improve your chances of getting coverage of your claim accepted by the insurance company is to act quickly. Don’t delay putting the insurance company on notice when your pipes give out. Get in touch with an attorney who can provide the appropriate notice to the insurance company and move the claim forward while protecting your interests. Insurance companies are notorious for denying claims based on the argument that you waited too long to file the claim. There is probably a provision in your policy that absolve the insurance company from liability if you do not file the claim quickly enough.
Even if you feel you were slighted by your insurance company, remember never to get angry or threaten its representatives. If the insurance company denies coverage or offers insufficient compensation, allow your attorney to come up with a strategy to right the wrong.
Get In Touch!
Kassel Law Group, PLLC is a boutique law firm based in Tampa, Florida, that provides legal counsel to homeowners across Florida. Over the years, we have had the pleasure of helping clients obtain compensation for their homeowners insurance claims.
Not only do we focus our practice on homeowners insurance claims related to residential property, but we also handle claims related to commercial properties and businesses affected by deteriorating cast iron pipes.
If you are looking for an experienced firm, please get in touch with our team. We offer free consultations and free damage inspections. You will not owe us any attorneys’ fees or costs unless we win! Call (813) 278-7406.
Cast Iron Pipe Lawsuits - FAQ
If you live in an older home in Florida, then there is a chance that its plumbing system is made of cast iron pipes. This was the norm back in the day before builders started adopting PVC pipes and more resilient plumbing materials in the 1970s and 1980s and beyond.
Cast iron pipes erode over time with constant exposure to Florida water and soil. While the inventor of case iron piping may have imagined that these pipes would last for decades, this is often not the case. Cast iron piping may start to deteriorate, break, or leak, within 15 to 25 years of installation due to Florida’s environment. Unfortunately, many insurance companies refuse to cover the costs to replace cast iron pipes or remedy the water damage they cause.
If you are facing denial or underpayment of your homeowners insurance claim, you may be able to file a cast iron pipe lawsuit in Florida against your insurance company.
Here are some frequently asked questions relating to cast iron pipe issues in Florida.
How To Tell If I Have Cast Iron Pipes In My Home?
If your home was built more than four decades ago, then there is a good chance that it may have cast iron piping in the plumbing system.
PVC pipes and more resilient materials started getting used in homes from the early 70’s and became widespread by around 1975. The alternatives to cast iron were both cheaper and more durable, so most developers adopted their use in new construction.
How Much Does It Cost To Replace Cast Iron Pipes In My Home?
Replacement costs for cast iron pipes differ from one home or commercial building to another. Generally, the exact amount of cost depends on how much cast iron was used in the home or building, where the pipes are located, and what kind of damages to the home or building have been caused by the failing cast iron. Broken or failing cast iron pipes can cause many different costly problems, including sewage backups, rotting wood, insulation damage, drywall damage, mold, warped or damaged flooring, damaged cabinetry, ext.
Does Homeowners Insurance Cover Cast Iron Pipes?
Insurance coverage for cast Iron pipes in Florida is a complicated business. In general, insurance companies do not provide coverage for any wear and tear damage that occurs to your home’s piping over a period of time.
If your cast iron pipe claim were analyzed under that provision, the insurance company could argue any leakages or damage to cast iron pipes would not be covered as most cast iron pipes corrode over time. This happens when metal reacts with the minerals and salts in the water.
However, many clients have brought cast iron pipe lawsuits against their insurance companies and have successfully obtained a settlement or verdict to fix their pipes and the damage caused by the piping. Coverage under your policy may be available.
How Can I Avoid Damage to My Home’s Piping?
The best way to avoid major damage to your home is to carry out preventive measures from time to time. If you see water discoloration, such as rust colored water or mold, then it is a clear sign of damage to the pipes.
If you do not see a visible water leak in the pipes and you are not having water pressure issues, the best way to avoid major damage is to have a professional inspect the pipes. Plumbers use special cameras that can take photos from the inside to document the condition of your pipes. They can also use certain water pressure tests to determine whether the piping is compromised.
Should I Speak With A Lawyer Prior To Contacting My Insurance Company?
Ideally, yes. Insurance companies are often unwilling to accept coverage for claims and find ways to reduce their liability. They may misguide you and cause other delays that weaken your case.
If you have an experienced legal professional at your side from the beginning, they can bring more value to your claim and may change the insurance company’s coverage determination.
How Can A Cast Iron Pipes Claims Lawyer Help Me In Florida?
If you suspect that your home insurance company is acting in bad faith and refuses your claim then a legal professional may be able to help you in the following ways:
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Provide you with a free assessment of your case.
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Set up a free inspection with experienced plumbers to assess the full extent of damage on your pipes.
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Consult with engineering and plumbing experts regarding your case.
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Provide you with an estimate of how much your case is worth.
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Gather evidence and photographic documents to build a strong case for your claim.
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File a lawsuit against your insurance company to get you fairly compensated.
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Negotiate with the insurance company on your behalf for a reasonable settlement.
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Try the case before a jury of your peers.
I Am Trying To Sell My Home and the Inspector Found Water Damage. What Should I Do?
Undetected water or structural damage often comes up when you are trying to sell your property. While it can be a blow to the contract negotiations, it does not always mean the deal is done.
If the buyer is reasonable, you may be able to renegotiate the terms of the transaction by opting to lower the sale price or offer to get the damage fixed.
If the buyer agrees, you can also make a claim with your insurance company to determine whether it will cover the costs to fix the damage. You may also want to speak with an attorney during the home sale process, especially if you know or suspect water damage on the property.
I Have Already Got My Cast Iron Pipe Leak Repaired. Can I Still File A Claim?
Yes, you can. Getting any leaks in your pipes repaired and cleaned up is something that you are obviously going to want do as soon as you can. While repairing the damage yourself may not cause the insurance company to deny your claim in full, it may limit your coverage if the appropriate measures are not taken beforehand. It is best to contact an attorney before you undergo repairs.
Most homeowners insurance policies provide that the homeowner must promptly inform the insurer of any damage. The homeowner is also expected to protect the property and minimize further damage.
If you intend on pursuing coverage under your homeowners insurance policy for your damaged pipes, and time is of the essence, the best course of action would be to make reasonable and necessary temporary repairs until you are able to consult with an attorney regarding the full extent of the damages.
I Had a Cast Iron Pipe Leak More Than a Year Ago. May I Still File a Claim?
Most homeowners insurance policies state that claims must be made promptly. This may sound vague and ambiguous because a prompt notification can be interpreted in many different ways. Generally, even if your leak occurred more than a year ago, you still may have a covered loss under your homeowners insurance policy.
When it comes to providing your homeowners insurance company notice of a claim, you should do so as quickly as possible. However, some people’s circumstances don’t allow them an opportunity to make a claim so quickly. For example, someone may have a secondary or a vacation home in Florida that they only visit during the summer. The house is vacant during the other eight months of the year. Although some policies have a provision that allows the insurance company to deny coverage for damage that goes unreported for an extended period of time, even damage to a vacation home, you still may have a covered loss.
Contact Us Today!
Kassel Law Group, PLLC is a law firm based in Florida that provides homeowners insurance counsel to homeowners and property managers across the state. We have help clients navigate the complex world of insurance claims and fight to recover the compensation they deserve.
Contact our office today for a FREE consultation and FREE inspection regarding your homeowners insurance claim and your failing cast iron pipes in Florida.
We Specialize In Helping Homeowners with Insurance Claims
