PITTSBURGH – A Pittsburgh woman’s lawsuit against her insurance company for alleged refusal to reimburse her for costs sustained after a broken valve damaged her property has been removed to federal court.
Jacqueline Rosenberg of Pittsburgh filed suit in the Allegheny County Court of Common Pleas on Nov. 4 versus Tower Hill Insurance Group (later amended to “Tower Hill Preferred Insurance Company”), of Gainesville, Fla.
“Plaintiff owns real property located at 267 Cheshire Way, Naples, Florida. Defendant is an insurance company licensed to conduct business in the Commonwealth of Pennsylvania and to place policies of insurance for properties located in Florida. ” the suit states.
“For the policy period of Oct. 3, 2019 through Oct. 3, 2020, while in Pittsburgh, Pennsylvania, plaintiff negotiated and obtained a policy of insurance, Policy No. 9006648547, from defendant. Plaintiff does not possess a complete copy of the policy. The policy provides coverage for damage caused by a valve break.”
On Dec. 24, 2019, the property suffered a loss caused by a broken valve. As a result of the valve break, the plaintiff incurred significant cost to repair and/or replace the property. Rosenberg says she notified the company of the loss and despite coverage under the policy, the defendant has failed and refused to fully honor the claim for insurance coverage.
“Plaintiff has performed all of her duties under the policy. Plaintiff has demanded overage for the loss. Defendant has refused to provide coverage to plaintiff for the loss. Defendant has breached its duties to provide coverage under the policy. Defendant’s breach has directly and proximately caused plaintiff damage,” per the suit.
UPDATE
Counsel for Tower Hill Preferred Insurance Company filed a notice to remove the case to federal court in the U.S. District Court for the Western District of Pennsylvania on Dec. 11, citing diversity of citizenship.
“Plaintiff, Jacqueline Rosenberg, alleges that she is a resident of Allegheny County, Pennsylvania Therefore, upon information and belief, plaintiff is a citizen of the Commonwealth of Pennsylvania,” the removal notice stated, in part.
“Plaintiff brought suit against ‘Tower Hill Insurance Group,’ which is not a legal entity. Tower Hill Preferred Insurance Company is a corporation organized under the laws of the state of Florida with its principal place of business at 7201 N.W. 11th Place, Gainesville, FL 32605. The present lawsuit is removable from state court to this Honorable Court pursuant to 28 U.S.C. Sections 1441 and 1446.”
Following up the removal notice, Tower Hill Preferred Insurance Company answered the complaint on Dec. 15.
“Defendant has paid the fair value of plaintiff’s property damage claim pursuant to all of the subject insurance policy’s terms, provisions and exclusions. Plaintiff may have failed to mitigate her damages,” per new matter contained in the answer.
“Defendant acted with a reasonable basis at all times material to the matters complained in plaintiff’s complaint. Plaintiff has not presented evidence to the defendant to satisfy her burden of proving that her alleged losses and damages fall within the terms, provisions, and exclusions of the subject insurance policy.”
For breach of contract, the plaintiff is seeking damages in excess of $150,000, plus interest, costs and such other relief as this Court deems just, plus a trial by jury.
The plaintiff is represented by Alan C. Milstein and Jeffrey P. Resnick of Sherman Silverstein Kohl Rose & Podolsky, in Moorestown, N.J.
The defendant is represented by Patricia A. Monahan of Marshall Dennehey Warner Coleman & Goggin, in Pittsburgh.
U.S. District Court for the Western District of Pennsylvania case 2:20-cv-01931
Allegheny County Court of Common Pleas case GD-20-011451
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com