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
How well systems cause water losses
- Pressure switch sticks on. The switch's contacts stick or weld closed, so the pump keeps running past its shut-off pressure and over-pressurizes the system until a line, fitting, or tank gives way.
- No pressure relief valve. Without one, there's nothing to release pressure when the switch fails.
- Pressure tank failure. The tank rusts through, the bladder ruptures, or the tank bursts.
- Fitting and tank tee leaks. Threaded fittings, unions, and connections at the tank tee crack or loosen.
- Check valve failure. Water flows back into the well, and the pump short-cycles or runs constantly, wearing out parts and stressing the plumbing.
- Freezing. Lines, tanks, or pumps in a well house, crawl space, or unheated room freeze and crack.
How well systems cause fires
- Overheated or arcing pressure switch contacts
- Pump control box or wiring failures
- A pump running dry or nonstop until the motor overheats
- Well house heat lamps or space heaters used to keep the pump from freezing, set too close to wood or insulation
Wear and tear, installation, service, or defect?
| What you find | Likely cause | Who may be responsible |
|---|---|---|
| Old, corroded pressure tank or switch, no service history | Wear and tear, lack of maintenance | Usually no recovery |
| No pressure relief valve where the pump can build more pressure than the tank or plumbing is rated for | Poor installation | Well contractor or installer |
| Pressure switch set above the tank's rating, or tank pre-charge set wrong | Poor installation or service | Well contractor or service company |
| Burst or leak at a fitting shortly after a repair or replacement | Poor service | Service company |
| Pressure switch contacts welded shut within the first few years | Possible manufacturing defect | Switch manufacturer |
| Pressure tank failed early with no sign of misuse | Possible manufacturing defect | Tank manufacturer |
| Loose or undersized wiring at the switch or control box | Poor installation | Well contractor or electrician |
| Lines in an unheated space with no freeze protection | Poor installation, and review the owner's role | Installer or builder, possibly the owner |
| Fire from a heat lamp in the well house | Usually the owner, unless a contractor set it up | Owner, or the contractor who installed it |
Responsible parties to consider
- The well contractor or pump installer
- Any service company that worked on the pump, tank, or switch
- The electrician who wired the pump circuit
- The manufacturer of the pump, pressure switch, pressure tank, or control box
- A home warranty company and the contractor it sent, if one was involved
- The builder, on new construction
Identify the equipment
Photograph the data labels on the pressure tank, the pressure switch, and the control box. If the pump is pulled from the well, photograph its label too. Many well contractors put their company sticker on the tank or control box. Most states license well contractors, so check the state licensing board for the contractor and any complaints. The county health department or state well program may also have a well record or permit showing who drilled the well and installed the pump.
Tip: big-box purchases. If the pump or tank was bought at Lowe's or Home Depot with installation, follow the big-box steps in the Water Heater Failure guide and send both the corporate and store notices.
2. Notify and investigate
Save the switch first. The pressure switch is small, cheap, and usually the first thing a tech replaces and throws away. It's often the most important piece of evidence. Ask the insured to keep it, along with the pressure tank, relief valve, check valve, and any pump pulled from the well.
Home warranty companies: protect the evidence before the tech arrives
Warranty techs usually collect the old parts as they finish the repair. Call the insured before the tech arrives, and have them:
- Tell the tech not to take any evidence. The pressure switch, tank, valves, fittings, and pump stay at the home.
- Show the tech the origin of the loss before any work starts, so the tech can photograph it before the repair.
- Take their own photos and video, including the pressure gauge reading, before anything is touched.
- Get the tech's name, company, and the warranty claim or work order number.
- Bag and label every removed part and keep it somewhere safe until the exam.
Who to put on notice
- The well contractor and any service company
- The electrician, if wiring may be involved
- The manufacturers of the pump, switch, tank, and control box
- The home warranty company and its contractor, if one was involved
- Each party's carrier, once known
Evidence checklist
Mitigation records, not just the estimate. Get the moisture maps, daily moisture readings, drying logs, equipment logs, and photos showing where the water came from and how far it spread. Record them in the file and send them to the adverse carrier with the demand. The estimate alone usually isn't enough to prove the water damage.
Caution: when the mitigation company makes it worse. Occasionally the mitigation company worsens the damage, for example by showing up late, missing wet areas, pulling the drying equipment too early, or letting mold take hold. When that happens, document it clearly: the timeline, the moisture readings from each visit, and photos. The adverse carrier will argue it isn't responsible for the added damage, and the mitigation company may become a responsible party for that part of the loss.
Code and installation checks
Many state well codes and manufacturers' instructions call for a pressure relief valve when the pump can build more pressure than the tank or plumbing is rated for. Check the state's well construction and pump installation rules, and the tank and switch manufacturers' installation instructions, for the relief valve, switch settings, and tank pre-charge.
Exams
Hold a joint scene exam before repairs when possible. For fires, and for a pressure switch, pump, or control box that needs testing, hold a joint lab exam and notify every party first. A pump pulled from the well should be treated as evidence, not scrap.
3. Demand, negotiate, and settle
Liability theories
- Against the well contractor or installer: negligent installation, including a missing relief valve, wrong settings, or poor wiring
- Against the service company: negligent service or repair
- Against the manufacturer: product defect and breach of warranty
- Against the electrician: negligent electrical work
Defenses to expect
| Defense | How to answer it |
|---|---|
| Wear and tear, the system was old | The parts' ages, service records, and the expert's findings |
| Lightning or a power surge caused it | The expert's findings, weather records, and whether other electrical items in the home were damaged |
| The owner didn't protect it from freezing | Who chose the location and whether the installer provided freeze protection |
| The owner adjusted the pressure switch | The insured's statement and the service company's notes |
| Statute of repose | Well and pump installation is often treated as an improvement to real property. Check the state's construction repose period. |
| Spoliation | Your notice letters and joint exam invitations |
Negotiating and settling
- Well contractors are usually small, licensed businesses with commercial general liability coverage. Get their certificate of insurance.
- Expect the installer and the switch or tank manufacturer to blame each other. Keep both on notice.
- 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: keep the switch, tank, and parts |
| Notify | Notice of Subrogation Interest and Insurance Request | Well contractor, service company, electrician, manufacturers |
| Notify | Retailer Notice and Store Notice | Big-box retailer, if bought there |
| 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 |
| Investigate | Joint Lab Exam Notice | All parties, before any part is tested |
| 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 |
| No recovery | Withdrawal Letter, No Recovery Closing Letter | Carrier and client |
Sources