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State Farm denying my $47K water damage claim saying it's "gradual seepage" - pipe burst suddenly, what can I do?

Started by waterlogged_homeowner · Nov 2, 2025 · 18 replies
For informational purposes only. Insurance law varies by state and policy terms. Consult a licensed attorney or public adjuster.
WH
waterlogged_homeowner OP

Three weeks ago a pipe burst in our upstairs bathroom while we were at work. Came home to water pouring through the ceiling into our living room. Hardwood floors ruined, drywall destroyed, furniture damaged. Got estimates totaling $47,000 in repairs.

Filed a claim with State Farm and they sent an adjuster who spent 20 minutes looking around. Now they're denying the claim saying the damage was caused by "gradual seepage and long-term water intrusion" which is excluded under our policy.

This is complete BS - the pipe BURST. It was sudden. There was no gradual anything. Our plumber even provided a statement saying the pipe failed suddenly due to pressure.

They're also claiming some of the damage is from "mold that predates the incident" but there was no mold before this happened. The mold grew AFTER the flooding because we couldn't get it dried out fast enough.

How do I fight this? $47K is not money we can just eat. We're in California if that matters.

IB
InsuranceBadFaith_Atty Attorney

Insurance coverage attorney here. What you're describing is a textbook bad faith denial pattern. Insurers often try to recharacterize sudden pipe failures as "gradual seepage" to invoke policy exclusions. It's a known tactic.

Key points for California:

  • California Insurance Code Section 790.03 prohibits unfair claims practices including misrepresenting policy provisions and failing to conduct proper investigations
  • Fair Claims Settlement Practices Act requires insurers to conduct reasonable investigations before denying claims
  • Under California's "efficient proximate cause" doctrine, if a covered peril (sudden pipe burst) sets in motion a chain of events leading to damage, the entire loss may be covered even if excluded perils contributed

The plumber's statement documenting sudden failure is important evidence. Get it in writing if you haven't already.

PA
PublicAdjuster_Mike

Public adjuster here. First things first - request the FULL claim file from State Farm. This includes:

  • All adjuster notes and inspection reports
  • Photos they took
  • The specific policy language they're citing for the denial
  • Any expert reports they relied on

You're entitled to this under California law. They must provide it within 15 days of your written request.

Also get an independent plumber's report documenting the failure mode. Was it corrosion failure? Pressure failure? Freezing? The mechanism matters because it affects whether it's characterized as "sudden" vs "gradual."

WH
waterlogged_homeowner OP

Thank you both. I'll request the claim file today.

The plumber said the pipe (copper) failed at a fitting due to pressure - apparently there was a water hammer issue from a recent water heater installation. He wrote that it was "sudden catastrophic failure" not gradual deterioration. I have this in a written report.

Should I hire a public adjuster or go straight to a lawyer? What's the difference?

DC
DeniedClaimWinner

I fought and won against Allstate for a similar denial. Took 8 months but ended up getting the full claim paid plus they covered my additional living expenses during repairs that I had to pay out of pocket initially.

Key was getting an independent engineer's report that contradicted their adjuster's findings. Their adjuster said "gradual leak" - my engineer showed the pipe clearly failed suddenly with no evidence of long-term water exposure in surrounding areas.

Cost me $800 for the engineer report but it was worth every penny.

PA
PublicAdjuster_Mike

@waterlogged_homeowner - To answer your question:

Public Adjuster: Licensed to negotiate insurance claims on your behalf. Works on contingency (usually 10-15% of settlement). Good for disputes over claim valuation or initial denials that might be reversed with better documentation.

Attorney: Can file bad faith lawsuits, demand punitive damages, and has more legal leverage. Usually contingency (25-40%). Better for clear bad faith situations where you may need to litigate.

Given that your plumber documented sudden failure and they're still calling it gradual, this smells like bad faith. I'd at least consult with an insurance attorney. Many offer free consultations for cases like this.

SF
StateFarmSurvivor

State Farm tried the exact same thing with me in 2023. Dishwasher supply line burst, flooded my kitchen and basement. They denied it as "wear and tear" and "maintenance issue."

I filed a complaint with the California Department of Insurance. They opened an investigation and suddenly State Farm wanted to "re-review" my claim. Ended up paying out $38K three weeks later.

Filing a CDI complaint is free and it gets their attention fast.

IB
InsuranceBadFaith_Atty Attorney

The California Department of Insurance complaint is a good suggestion. You can file at insurance.ca.gov. It creates a paper trail and sometimes prompts insurers to settle rather than deal with regulatory scrutiny.

However, be aware that CDI complaints don't directly result in compensation - they investigate the insurer's practices but can't order them to pay your claim. You may still need an attorney or public adjuster for the actual claim recovery.

One more thing: document the mold timeline carefully. If you can show there was no mold before the incident (photos from before, testimony from anyone who was in the space), and mold appeared after flooding, their "preexisting mold" argument falls apart.

WH
waterlogged_homeowner OP

Got the claim file from State Farm. Interesting findings:

Their adjuster's notes say "pipe shows signs of corrosion" but my plumber says the corrosion is normal for 15-year-old copper and wasn't the failure point - the fitting failed due to pressure, not corrosion.

Also, their "mold expert" report is literally 3 sentences and doesn't include any testing or samples. Just says "visual inspection indicates potential long-term moisture issues."

This feels very thin to base a $47K denial on.

HI
HomeInspector_Tom

Home inspector here. A 3-sentence mold report with no testing is worthless. Proper mold assessment requires air sampling, surface sampling, and moisture readings. "Visual inspection" alone can't determine when mold started growing.

Get your own mold assessment from a certified industrial hygienist. They can often determine whether mold growth is recent (consistent with post-flooding growth) or long-standing based on colony characteristics and moisture patterns.

JP
JustPaidOut

Just got my claim paid after a 6-month fight with Farmers. Similar situation - sudden pipe burst, they denied as "gradual."

What finally worked: I hired an attorney who sent a demand letter citing bad faith and threatening to seek punitive damages under California Insurance Code 790.03. The letter specifically called out that their adjuster spent 20 minutes on site for a $50K+ claim, which arguably fails the "reasonable investigation" standard.

They offered to settle within 2 weeks of receiving the letter. Sometimes you just need to show you're serious about litigation.

WH
waterlogged_homeowner OP

Update: Consulted with an insurance bad faith attorney. She reviewed my claim file and the plumber's report and said I have a "strong case for bad faith."

Her take: State Farm's denial relies on their adjuster's opinion that there was corrosion, but they never actually had the failed pipe section examined by an expert. The plumber's report contradicts their position. And the mold report is "not credible" in her words.

She's sending a demand letter this week requesting they reopen the claim and conduct a proper investigation. If they don't respond favorably within 30 days, we file suit.

PA
PublicAdjuster_Mike

Good move getting an attorney involved. The demand letter approach often works because insurers know that bad faith suits in California can result in:

  • Full policy benefits
  • Consequential damages (costs you incurred due to delay)
  • Emotional distress damages
  • Attorney fees
  • Potentially punitive damages

A $47K claim denial can turn into a $150K+ liability if they lose a bad faith suit. Most insurers prefer to settle.

FM
ForumMod_David Moderator

Great discussion with actionable information. Reminder that insurance disputes are fact-specific and outcomes depend on policy language, state law, and evidence. What worked for one person may not work for another.

OP - keep us updated on the outcome.

WH
waterlogged_homeowner OP

Major update: State Farm's corporate claims department called my attorney 10 days after receiving the demand letter. They want to "revisit" the claim.

They're sending a new adjuster (not the original one) and agreed to have the failed pipe section examined by a metallurgist. They're also getting a proper mold assessment done.

My attorney thinks they realized their original investigation was inadequate and they're trying to fix it before we file suit. She says this is a good sign but we're not celebrating yet.

DC
DeniedClaimWinner

This is exactly what happened with my Allstate claim. Once they realized I wasn't backing down and had an attorney, suddenly they wanted to "reinvestigate." The second investigation magically found in my favor.

Stay firm. Make sure your attorney documents everything in case you need it for a bad faith claim later.

WH
waterlogged_homeowner OP

Final update - WE WON!

The metallurgist's report confirmed the pipe failed due to "sudden pressure-induced fitting failure" not gradual corrosion. The new mold assessment found the mold was "consistent with recent water intrusion" (less than 4 weeks old at time of inspection).

State Farm reversed the denial and is paying the full $47,000 claim. They also agreed to cover:

  • $3,200 in additional living expenses (hotel while repairs done)
  • $800 for the engineer's report I got independently
  • $2,500 toward my attorney fees

Total payout: $53,500. The demand letter and threat of bad faith litigation absolutely made this happen. Without it, I'm convinced they would have stuck with the denial.

To anyone else fighting a denied claim: don't give up. Document everything, get expert opinions, and don't be afraid to get an attorney involved. Insurers count on people accepting unfair denials.

IB
InsuranceBadFaith_Atty Attorney

Congratulations! This is a great outcome and a good example of how to handle an improper denial.

For others reading this thread - the key factors that led to success here:

  1. OP documented the incident thoroughly from day one
  2. Got independent expert opinions (plumber, eventually metallurgist)
  3. Requested and reviewed the full claim file to understand the insurer's position
  4. Engaged an attorney who knew insurance bad faith law
  5. Didn't accept the first "no" as final

Insurance companies deny claims that should be paid every day. Many people just accept it. Don't be one of them.

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