06 May, 2024

Jennifer Fitch's Persuasive Defense Establishes Critical Precedent In Insurance Coverage Plumbing Case

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In: Verdicts

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Orlando-Hub Partner Jennifer Fitch's unwavering determination secured a favorable outcome as the defense effectively leveraged evidence of the absence of water damage and focused on policy language to secure a summary judgment win. This established a precedent that without such damage, there is no coverage for plumbing issues under the insurance policy, ultimately saving the client over $200,000 in unjustified payouts for plumbing replacements.

Case Overview

  • In this pipe leak case, the plaintiff demanded over $200,000 in damages, asserting the need for the entire plumbing system to be replaced.
  • However, there was no subsequent water damage to the home, supported by a plumbing report and plaintiff's testimony.
  • Clear photographs confirmed the absence of water damage from the plumbing issues.

Claims Against our Client

  • The plaintiff alleged cast iron plumbing failure, necessitating the replacement of the entire plumbing system at a significant cost.
  • Additionally, it was claimed that the pipes were in poor condition.

Defensive Strategy

  • Our defense focused on presenting evidence demonstrating the lack of water damage and emphasized the policy language requiring an ensuing loss for coverage of plumbing work.

Impact on Final Outcome

  • By demonstrating to the judge the absence of property damage from the plumbing issues, we established that there was no coverage for the loss.
  • This left the plaintiff with little response.

Future Implications

  • This victory sets a precedent against unjustified claims for entire home re-plumbing, potentially saving carriers substantial costs.
  • The obtained orders support the argument that coverage requires actual property damage from plumbing issues.

About QPWB

Quintairos, Prieto, Wood & Boyer, P.A., is the largest minority and women-owned law firm in the nation with jurisdiction in 45 states and territories in the U.S. allowing us to serve a broad spectrum of industries with over 100 areas of practice. Our lawyers provide representation for businesses and their leaders in litigation, regulatory, and corporate matters.

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