Sudden and Accidental Discharge of Water, Residential Fire Suppression System: $527,000
During the inspection of the attic of the insured property for pests, the technician accidentally stepped on a pressurized water pipe that supplied the fire sprinkler system. The discharge of water from the pipe flooded the townhouse for approximately 4 hours resulting in catastrophic damages. All of the contents and personal items owned by the insureds were destroyed including clothing, furniture, appliances, and home décor. The ceilings, floors, and walls in the interior of the property were similarly destroyed from the massive amount of water that was discharged inside of the interior. If only to make matters worse, the fire department turned off power due to risk of electrical fire from the massive amount of water. The lack of power and loss of temperature control resulted in substantial mold growth throughout the townhome.
The residential insurance carrier denied the claim on the basis that the responsible party was the pest control company. The assigned insurance adjuster advised the insured to sue the responsible party.
After being retained by the homeowner, Steven C. Kletzkin, PLLC carefully reviewed the insurance policy and was able to establish that the homeowners insurance policy specifically against damages that were due to a “Sudden and Accidental Discharge of Water.” The insurance carrier brazenly continued to deny the claim on the basis that they could not confirm what caused the damages. Ultimately, Steven C. Kletzkin, PLLC was able to force the insurance carrier to tender all available limits for all available coverages, including additional living expenses, dwelling and emergency services, water restoration and mold remediation.
Subsequently, a lawsuit was filed against the party that was responsible for causing the loss as the available insurance coverage was insufficient to compensate the homeowners for the loss. That lawsuit was resolved by way of settlement for an additional $300,000.