Step-by-step checklist
Identify
Hands off until the expert arrives. Nothing at the scene gets touched, moved, repaired, or thrown out until the origin and cause investigator has secured it. Evidence that's moved early can sink the whole recovery.
Notify
Investigate
Demand
Negotiate
Settle
1. Identify
Common causes
- A leak in the utility's service line or at the meter or regulator
- An excavator, landscaper, or fence installer hits a buried line
- A plumber or installer leaves a loose fitting, an uncapped line, or a bad connection
- A flexible appliance connector cracks, kinks, or is reused when it shouldn't be
- Yellow flexible gas piping (CSST) is damaged by lightning because it wasn't properly bonded
- An appliance gas valve or control fails
- A propane company fills an empty tank without checking the system for leaks, or sets the tank or regulator wrong
- The gas wasn't odorized enough to smell, so no one knew it was leaking
Who owns what
In general, the utility owns and maintains the gas main, the service line, and the meter, and the property owner is responsible for the piping after the meter. Some utilities own the service line all the way to the building, so check that utility's rules. For propane, the propane company often owns the tank and may own the regulator.
Who may be responsible
| What you find | Likely cause | Who may be responsible |
|---|---|---|
| Leak at the meter, regulator, or service line | Utility equipment | The gas utility |
| Line hit during digging | Excavation damage | The excavator, and possibly the utility or locator if the line was marked wrong |
| Leak at a fitting after recent gas work | Poor installation | The plumber or installer |
| Cracked or kinked appliance connector | Defect, or poor installation | The connector maker, or the appliance installer |
| Holes in yellow gas tubing after a lightning strike | Missing or poor bonding | The installer, electrician, or builder, and possibly the tubing maker |
| Appliance valve or control failed | Product defect | The appliance or valve maker |
| Leak after a propane delivery or tank set | Skipped leak check, or poor setup | The propane company |
| No gas smell reported before the explosion | Not enough odorant | The utility or propane supplier |
Responsible parties to consider
- The natural gas utility
- The propane supplier
- Plumbers, HVAC contractors, and appliance installers who worked on gas lines
- Excavators, landscapers, fence and irrigation installers, and utility locating companies
- Builders and electricians, for tubing bonding
- Makers of connectors, tubing, valves, regulators, and appliances
- A landlord, if the insured is a tenant
2. Notify and investigate
Move fast, and in writing. After a gas event, the utility usually shuts off the gas, pulls the meter, and may repair or replace its equipment right away. Ask the utility in writing to preserve the meter, regulator, service line sections, and all records. Don't let anyone take the gas piping apart before the joint exam.
Records to request
Finding the gas company's claims contact. Add each party to your letter with the Party Finder. Many utilities sell both gas and electric, so check the Subrobuddy Utility Directory too. It lists electric utilities for now, and gas-only companies are coming.
Who to put on notice
- The gas utility or propane supplier
- Any plumber, installer, or contractor who worked on the gas system
- Any excavator, and the locating company
- The makers of the connector, tubing, valve, regulator, or appliance
- Each party's carrier, once known
Evidence checklist
Exams
Hold a joint scene exam before anything is removed or repaired, with the utility, contractors, and manufacturers notified. Pressure tests and part testing should happen at a joint lab exam, because they can change the evidence.
3. Demand, negotiate, and settle
Liability theories
- Against the utility or propane supplier: negligence in maintaining lines and equipment, responding to leak calls, odorizing gas, or checking systems for leaks
- Against a plumber or installer: negligent installation or repair
- Against an excavator: negligence, and violating the state's dig laws, such as not calling 811 first
- Against manufacturers: product defect, failure to warn, and breach of warranty
Defenses to expect
| Defense | How to answer it |
|---|---|
| The leak was on the customer's side of the meter | Your expert's findings on where the gas escaped. Then look at who worked on that piping. |
| Our tariff limits our liability | Read the tariff filed with the state regulator. Many limits don't cover gross negligence, or only apply to service interruptions. |
| The excavator called 811, so the locator is at fault | Get the dig ticket and the locate records. Both may share responsibility. |
| The appliance was installed by the homeowner | You may still have a product claim if the part was defective. |
| Lightning is an act of nature | For damaged gas tubing, the question is whether it was bonded as the maker required. |
Negotiating and settling
- Explosions often damage neighboring homes too. Expect several carriers and consider working together on expert costs.
- Utilities usually have their own claims departments and outside counsel. Expect them to run their own investigation.
- Review the release with the release checklist, then close with the standard closing letter and the deductible reimbursement letter.
4. Letters for this loss
| Step | Letter | Sent to |
|---|---|---|
| Identify | Subrogation Opening Letter to Insured | Insured: recent gas work, deliveries, photos |
| Notify | Notice of Subrogation Interest and Insurance Request | Utility or propane company, plumber, installer, excavator, manufacturers |
| Notify | Notice of Subrogation Interest to Adverse Carrier | Each party's carrier |
| Investigate | Evidence Preservation and Joint Scene Exam Notice and to Responsible Party | All parties, including the utility |
| Investigate | Joint Lab Exam Notice | All parties, before pressure tests or part testing |
| Demand | Subrogation Demand to Adverse Carrier | Carrier(s) |
| Negotiate | Second Demand with Escalation Notice, Tolling Agreement Request | Carrier(s) |
| Settle | Release Review Checklist, Closing (Made Whole) or Pro Rata, Deductible Reimbursement | Client and insured |
Sources