Esurance policyholder claims company did not cover her property for water damage

By Nicholas Malfitano | Sep 19, 2017


PHILADELPHIA – An Esurance policyholder alleges the company did not follow through on providing the financial benefits of the policy, when the plaintiff suffered severe, water-related damages to her property.

Amanda Emberger of Southampton filed suit in the Philadelphia County Court of Common Pleas on Sept. 13 versus Esurance Insurance Company, of San Francisco, Calif.

Emberger was a policyholder of the defendant, having received a policy covering a premises on the 800 block of Pennsylvania Avenue in Southampton. On or about Dec. 20, 2016, while the policy was in effect, Emberger suffered a sudden and accidental direct physical loss due to water discharge at the property – which resulted in severe damage to the premises in question, it is alleged.

Emberger says she gave proper notice to Esurance of the loss, has cooperated with the company’s investigation, mitigated damages where reasonable, required and/or possible and provided defendant with all available information and complied with all conditions and precedent.

“Solely as a result of defendant’s failure and refusal to pay benefits to plaintiff as required under the aforementioned policy of insurance, as well as the mishandling of plaintiff’s claim, plaintiff has suffered loss and damage in an amount not in excess of $50,000,” the complaint states.

For a count of breach of contract, the plaintiff is seeking damages not in excess of $50,000, plus interest and costs.

The plaintiff is represented by Scott R. Gallant of Gallant Bergstralh & Hagdis, in Philadelphia.

Philadelphia County Court of Common Pleas case 170901271

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com

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