PITTSBURGH – A restaurant and tavern that suffered water damage due to a burst pipe believes its insurance carrier failed to cover it for the various damages it sustained in that incident.
Sypherd Enterprises, Inc. (doing business as “Souper Bowl”) of Pittsburgh filed suit in the Allegheny County Court of Common Pleas on Jan. 2 versus Auto-Owners Insurance Company of Cranberry Township.
On or about Nov. 29, 2016, the suit states a water supply pipe in the immediate vicinity of the plaintiff’s 5th Avenue premises failed and/or burst, causing a large quantity of water to flow into and around the premises.
This caused damage to appliances, furniture, carpeting, fixtures and other equipment on the premises, structural damage, the premises were temporarily rendered unfit for human occupation, a loss of business income, reputation and goodwill, and costs of repair/replacement of damaged and/or destroyed materials and property, the suit says.
However, the suit says despite the plaintiff providing adequate notice, proof of loss and keeping its financial commitments to paying the insurance policy, the defendant denied insurance coverage for the plaintiff’s losses, due to a policy exclusion for damages caused by groundwater.
The plaintiff counters that specific exclusion in no way fits the circumstances of the instant case, and the defendant’s actions constitute bad faith.
For counts of breach of contract and bad faith, the plaintiff is seeking damages in excess of applicable arbitration limits, exclusive of interest and costs, in addition to a trial by jury.
The plaintiff is represented by Wayne M. Chiurazzi of The Chiurazzi Law Group, in Pittsburgh.
Allegheny County Court of Common Pleas case GD-18-000086
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at firstname.lastname@example.org