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ARTICLE ID 39469

- INSURANCE LAW - ACTION FOR FIRST PARTY BENEFITS ON HOMEOWNER POLICY - PLAINTIFF ALLEGED WATER DAMAGE DUE TO WINDSTORM.

Philadelphia County

The plaintiff in this action maintained that he was due benefits under his homeowner’s insurance policy, issued by the defendant insurance carrier, for damage to the roofs and interiors of two residential homes. The plaintiff maintained that the damages, totaling about $________, were the result of windstorm and that the subject policy entitled him to recovery. The plaintiff’s expert roofer contended that an inspection of the roof indicated that the damage was caused by windstorm. The plaintiff’s son testified that the roofs were in good repair prior to the subject windstorm. The plaintiff’s expert public adjuster contended that the damages to the plaintiff’s property was about $________. The defendant insurance carrier maintained that the damage to the plaintiff’s property did not result from windstorm. The defendant maintained that the roofs leaked and were in poor repair. The defendant further asserted that the damages incurred did not exceed $________. The defendant’s expert insurance adjuster asserted that the damages were under $________. The defendant’s expert engineer asserted that a review of weather conditions and windspeeds at the time the damage allegedly occured caused him to have the opinion that the damage did not result from windstorm.

The jury found for the defendant. Traczuk vs. Insurance Placement Facility of Pennsylvainia, a/k/a Fair Plan. Case no. Nov. ________ no.

________; Judge Ceaser, 2-20-90. Attorney for plaintiff: Pierre Pie in Philadelphia; Attorney for defendant: Susan Colatsky of White & Williams in Philadelphia. Defendant’s expert insurance adjuster: Richard Foley of Philadelphia. Defendant’s expert engineer: Russell Daniels of Berwyn.

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