PHILADELPHIA – A couple allege they were forced initiate litigation against their insurance company when it failed to cover them damages relating to plumbing discharge - damages they claim were covered under their policy.
Stephen and Kathi Mace of Levittown filed suit in the Philadelphia County Court of Common Pleas on Oct. 24 versus Truck Insurance Exchange, of Woodland Hills, Calif.
On or about July 31, while the defendant’s policy issued to plaintiffs was in effect, the plaintiffs 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 caused by discharge from a plumbing line, the suit says.
“Plaintiffs’ estimated losses suffered as a result of this occurrence include the approximate amount of $15,150.00 to access the plumbing to repair it, the cost to restore their residence premises to pre-loss condition with like kind and quality or equivalent construction in the approximate amount of $52,676.25 (which includes the cost of access and post-repair cleaning) and loss in the amount of $1,644.20 from their inability to use portions of their residence premises while repairs took place,” the suit states.
Though notice of the loss was given to the defendant in a timely manner, the plaintiffs argue the defendant has refused to compensate them for the cost of the damages, after failing to properly investigate the claim and withholding policy benefits, among other allegations.
For counts of breach of contract, breach of covenant of good faith and fair dealing and bad faith, the plaintiffs are seeking damages not in excess of $50,000, plus interest and costs.
The plaintiffs are represented by Roger J. Harrington of Harrington & Caldwell, in Philadelphia.
Philadelphia County Court of Common Pleas case 171002985
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com