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Robert Horwitz, a partner in the West Palm Beach/Hollywood office, and Jesse Dyer, an associate with our appellate department obtained a defense verdict with a finding of no coverage. The Carrier had first found coverage during its claim investigation and paid the insured for repairs to his kitchen with the insured filing a supplemental claim for payment of tear out of his entire case iron; plumbing system and repairs to his entire home.

After litigation ensued, new facts came out on the original cause of loss which would require the Carrier to reverse its coverage position and argue no covered cause of loss. At trial the Plaintiff argued that the Carrier already confirmed coverage and thus this was simply a denial of a supplemental claim. Plaintiff used a plumbing expert who attempted to argue the entire case iron drain system failed allowing toxic waste to wick up into the slab of the home causing damage. In opposition the defense expert showed videos of the plumbing system and identified that all, expect the kitchen line were in working order with no leaks. He further confirmed that no actual event that was “sudden and accidental.”

After a four day jury trial the jury came back and found that the Carrier was correct and there was no sudden and accidental loss to covered property.