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.