Insurance claim denied, seeking input on what they say happened...

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Sally

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BERKELEY, CA
New construction on first floor. Started in 2004, finished in 2011. The construction was done by my ex, a licensed general contractor (that's why it took so long to finish!) Never got a final inspection.

After being occupied for eight years, there is a moisture problem, caused by plumbing. According to my insurer, this isn't a sudden burst, but a slow leak over time. They say the water came from the uncapped shower drain. If a bathtub drain, that was used at least one time per day for 10 years, was uncapped and draining into the crawl space under the house, wouldn't you expect mold to appear in the living space at some point after ten years?

My insurance won't cover the claim, they say it was not a sudden burst, but rather, a slow leak that I should have noticed over time. Fishy story, since my plumber said the cap was laying right on the ground next to the pipe, indicating to me it was capped, but not glued, and at some point the cap came off. Because I would think if it was uncapped for ten years, mold would have had to appear somewhere, right?

No sump pump, no drainage other than a section of the crawlspace is open and not concrete like the rest, so water could have drained to that space and into the dirt. Again, no mold apparent in the living space, no indication of water dumping from a full bathtub at least once per day, many times twice a day, for ten years into the space below.

The only mold was under the house. I could not see the mold looking down from the bathroom (through holes in the framing/walls looking for a leak initially) into the space below, no mold on the framing, but I did have a shower pan liner leak and wood rot from above. Not real extensive. But, the crawlspace was obviously wet. But for ten years of no cap on the bathtub drain, I thought it would be worse. I feel like it wasn't uncapped for that long. It did take a week to dry out using fans (professional water damage restoration service). Wondering if the cap could have been removed and then my tenants showered for a few days not knowing it was uncapped, thus all the water under the house, and the mold was from the shower pan liner leak instead? Or something. Because something just doesn't add up, but I'm not sure what it is. Suggestions?
 
Not sure what your question is? Did you read your policy? I have never seen one that covers mold. You will not win this. Your explanation doesn't hold water as mold doesn't grow overnight.
 
What exactly do you mean when say ‘shower cap’?
 
Not sure what your question is? Did you read your policy? I have never seen one that covers mold. You will not win this. Your explanation doesn't hold water as mold doesn't grow overnight.

Yes, I read my policy. It covers sudden bursts of water, not slow leaks. My question was, could the joint in the drain really have not been capped for this long and have no noticeable issues?
 
But on the other hand you never got a final inspection and have been living in house.
 
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