If we had a flood in our kitchen, what is my obligation to the insurance company?
Question Details: Our home is around 6 years old and we had a flood in our kitchen. The insurance company did not pay for the plumber, I did. Now the insurer is asking for the PEX pipe because it has a small hole in it due to the end of a nail in the wood framing of my home. The insurance company claims that I am interfering with subrogation against the builder. Do I have to give them the pipe? What are my options?
Yes, you have to give them the pipe. They have a right to subrogation: that is, to recover any amounts they pay to you from someone who was at-fault in causing the loss. Your policy undoubtedly requires you to cooperate with your insurer--all policies with which I am familiar include that requirement. Therefore, if you don't provide the pipe to help them in their case or claim, you are failing to cooperate, will be in breach of your contractual (an insurance policy is a contract) obligations, and the insurer could sue that as grounds to withheld payment or take other action against you.