Questions from the Field ----------------------------------------------Subject: FIREPLACE

July 1st, 2007     
from K.D.

My aunt lives in the hills of San Leandro, her fireplace is on the side of the house that is flat land. She is very elderly and I have gone to help her get things around the house in order. After having a painting contractor come over to see the eaves that need attention.

He made me aware of this fireplace problem and suggested me to contact a general contractor. After doing so, I was made aware that inside the fireplace and the slab floor in the family room that this fireplace is in, contain large cracks and the floor is actually lifting from the cracking and pulling of the weight of the fireplace chimney.

Also today noticed that there are two water drains from the roof on each side of the fireplace. These drains are put into a large piece of pipe and are under the ground. I was told that this could be covered under her insurance coverage for storm damage. I am very leery of the insurance people from past personal experiences. What do you suggest doing? Yesterday I did call the insurance company and advised them of this problem. They are going to be sending out an inspector. Any advise or help you can pass on will be very much appreciated.
Thank you. K.D.

ANSWER
K.D., This question will be difficult to answer with only the information you provided; What type of storm are you referring to? When did it occur? I assume you are referring to San Leandro, California, south of Oakland? Does your aunt have Earthquake coverage? Flood coverage? How old is the home? Were the drains installed recently? Was there any landscaping or remodeling done recently?

I hope the adjuster who comes out takes the time to explain the probable cause of the damage to you, his coverage interpretation and your options. Please let us know the outcome of the claim.

It sounds like your aunt may have a settlement problem. Settlement is when a portion of the building moves in relation to the rest of the building. This can result in cracking of the foundation, the house framing or portions of the structure such as masonry fireplaces.

Settlement is excluded (not covered) by homeowners insurance policies although if it can be linked to a onetime occurrence such as an earthquake or flood (and if she has earthquake or flood coverage) then it could be a covered loss.

How old is the home? If the drains you mentioned are causing a problem they may have been installed improperly. Drains should lead water away from the structure, not let it saturate and weaken the soil near or under the foundation. You may have a claim against the contractor if the home is fairly new or the drains were installed recently. Also if any work was done recently in this area (landscaping, remodeling, etc) you may have a case against the contractor involved. This route will involve proving the damage is related to the work performed and can be a long complicated and expensive procedure.

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