PHILADELPHIA – In a recently filed lawsuit, a New Jersey plaintiff says she had to pay out-of-pocket costs in connection with repairing plumbing damages, damages she claims were covered under her policy with a Philadelphia insurance company.
Sandra Salmon of West New York, N.J. filed suit in the Philadelphia County Court of Common Pleas on Oct. 19 versus The Philadelphia Contributionship Insurance Company, of Philadelphia.
On or about March 15, while the defendant’s policy issued to plaintiff was in effect, the plaintiff suffered sudden and accidental direct physical loss and damage to the insured premises, believed to be the result of a peril or perils insured against under the policy – due to a broken plumbing line with discharge and related peril, resulting in damage to the insured premises and objects thereof, plus a loss to the use of the premises in an amount in excess of $50,000, the suit says.
Though notice of the loss was given to the defendant in a timely manner, the plaintiff says the defendant has refused, without legal justification or cause, and continues to refuse, to pay to plaintiff monies owed for the damages suffered as a result of the loss. The suit says the insurance company misrepresented the repairs to the premises would be covered under its policy, failed to thoroughly investigate the claim and unreasonably withheld policy benefits, among a number of other allegations.
For counts of breach of contract and bad faith, the plaintiff is seeking damages in excess of $50,000, plus interest, costs, attorney’s fees, delay damages, statutory damages including interest from the date the claim was made in an amount equal to the prime rate of interest plus three percent, punitive damages and such other compensatory and/or consequential damages.
The plaintiff is represented by Mario Barnabei of the Law Offices of Jonathan Wheeler, in Philadelphia.
Philadelphia County Court of Common Pleas case 171002515
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at email@example.com